A protective order is intended to protect against family violence for:
- A member of a family or household by another member
- Former member of the household by another member
- A person who is currently or formerly in a dating relationship
- A victim of sexual assault
One of these that has intended to result in: Physical harm, bodily injury or assault or a threat that reasonably places the member in fear of imminent physical harm, bodily injury or assault, excluding reasonable discipline of a child by a person having that duty or abuse towards a child of the family or household.
A "Family" includes spouses, former spouses, brothers, sisters including those related by blood or marriage, biological parents of the same child without regard to marriage, a foster child and foster parents whether or not those individuals reside together.
A "Household" is a unit composed of persons living together in the same dwelling whether or not they are related to each other.
If the abuser is arrested for committing family violence, a magistrate can issue an emergency order of protection for you. The magistrate may issue an order on the magistrate's own motion or on request of the victim of the offense, the guardian of the victim, a peace officer or the attorney representing the state. If the offense of family violence also involves serious bodily injury to the victim, the use or displaying of a deadly weapon during the commission of an assault, the magistrate shall by law, issue an emergency order of protection. If the emergency order has a condition imposed that conflicts with an existing court order granting possession of or access to a child, the condition imposed under the emergency protective order prevails for the duration of the order for emergency protection.
An order for emergency protection is effective on issuance and will remain in effect up to 61 days but not less than 31 days, as determined by the magistrate. To obtain a protective order than extends beyond the 61 days, you must contact the Denton County District Attorney's Office.
Make an Appointment
Call the Denton County District Attorney's Office at 940-565-8556 and make an appointment. Go to the Denton County District Attorney's Office. It is located at:
1450 East McKinney Street
3rd Floor Denton County Courts Building
Denton, Texas 76201
Directions to the courthouse are: North on Main Street (FM 423) to Highway 380. West on Highway 380 to Loop 288. Turn left (South) on Loop 288 to McKinney Street. Turn right (West) on McKinney Street. The courthouse will be on your left near the Denton County Jail.
Getting a Protective Order
A staff member of the District Attorney's Office will interview you. Be prepared to fill out an affidavit with specific facts including personal identification on the abuser: Social Security Number, date of birth, driver's license number, and physical description. You must swear to the truth of your affidavit. Your affidavit and Temporary Protective Order will be presented to a judge for signature. A constable will give this order priority and will attempt to serve the abuser with the Order within 14 days. When the service on the abuser is accomplished, you will be notified of a court date to appear before the judge for a Permanent Protective Order. The length of the order can vary and the staff at District Attorney's Office will discuss this with you.