Protective Orders in Guadalupe County

If you or your children are being hurt or threatened, here's how to get protection in Guadalupe County, and where to get help right now.

If you are in danger right now, call 911. For 24-hour local help, call Thriving Hearts Crisis Center (formerly the Guadalupe Valley Family Violence Shelter) at 830-372-2780, or the National Domestic Violence Hotline at 1-800-799-7233.

A protective order is a court order that can require an abuser to stay away from you, your home, your work and your children's school, and to stop contacting or threatening you. In Texas, violating a protective order is a crime. To grant a final order, a judge must find that family violence (or dating violence, stalking, sexual assault or trafficking) has occurred and is likely to occur again.

Ways to get a protective order in Guadalupe County

1. Through the Guadalupe County Attorney's Office

In Guadalupe County, the County Attorney's Office represents victims of family violence in protective order cases at no cost to the victim. The office has a Family Justice Unit and an online application:

Important: the County Attorney's application says that if you already have a divorce or custody case pending, the office typically does not file a protective order for you, and you should talk with your family lawyer about filing it within that case.

2. Through a private attorney

A family lawyer can file an application for a protective order on its own or as part of a divorce or custody case. That's often the best route when a divorce is pending or about to be filed, because the protective order, temporary custody and use of the home can be addressed together. Attorney Jesus R. Lopez handles protective orders for both applicants and respondents.

3. On your own

You can also apply yourself in district court. Free forms and instructions are available at TexasLawHelp.org. The applicant doesn't pay a filing fee.

Types of orders and how long they last

OrderHow you get itHow long it lasts
Magistrate's order for emergency protectionIssued by a magistrate after an arrest for family violenceUp to 91 days in many cases
Temporary ex parte protective orderGranted the day you apply if the judge finds clear and present danger, without the other side presentUp to 20 days, until the hearing
Final protective orderAfter a hearing where both sides can appearUsually up to 2 years; longer in some serious cases

Local help in Guadalupe County

If a protective order was filed against you

Take it seriously. A final protective order can affect custody, your right to possess firearms, your housing and your job, and violating even a temporary order is a crime. Follow every term while the case is pending, don't contact the applicant, and talk to a lawyer before the hearing. Read more: protective orders in Texas.

FAQ

Does it cost money to get a protective order?

No. Texas doesn't charge the applicant a filing fee for a protective order. The court can order the respondent to pay costs.

Can a protective order give me temporary custody?

Yes. A protective order can include temporary orders about the children, child support and use of the home, as well as stay-away terms.

I already filed for divorce. Can the County Attorney help?

Usually your own lawyer files the protective order within the divorce or custody case. The County Attorney's office says it typically doesn't file when a divorce or custody case is pending.

Call 830-206-8691Free consult