How to Get a Protective Order in Odessa, TX (Emergency + Final)
📚 TL;DR (Quick Summary)
A Texas protective order under Tex. Fam. Code Ch. 85 prohibits an alleged abuser from contacting, harassing, or coming near you, your children, home, workplace, or school. Emergency ex-parte orders can be issued the same day and last 20 days. Final protective orders last up to 2 years (extendable). You can file yourself, but the Ector County District Attorney's office also files on behalf of domestic violence victims for free. Violation is a Class A misdemeanor (up to 1 year in jail, $4,000 fine). Federal law also strips firearm rights from anyone under a final protective order (18 U.S.C. § 922(g)(8)).
1Who Can File & What Family Violence Means
Under Tex. Fam. Code § 82.002, an adult may apply for a protective order on behalf of themselves or a family/household member if family violence has occurred AND is likely to occur again.
Who Qualifies as "Family" in Texas
- Current or former spouse
- Parent of a shared child (even if never married)
- Blood relative or relative by marriage
- Foster parent or foster child
- Person in a current or past dating relationship
- Household or former household member
What Counts as "Family Violence"
Tex. Fam. Code § 71.004 defines family violence broadly:
- An act by a family/household member against another that is intended to cause physical harm, bodily injury, assault, or sexual assault; OR
- A threat that reasonably places the person in fear of imminent harm.
Things That Qualify
- Physical assault (hitting, choking, pushing)
- Sexual assault or attempted sexual assault
- Credible threats of violence ("I'll kill you if you leave")
- Stalking behavior — repeated unwanted contact
- Destruction of property in front of the victim
- Harm or threats to pets or children
2How to File in Ector County (Step-by-Step)
Option 1: File It Yourself
- Go to the Ector County District Clerk at 300 N. Grant Ave., Odessa. Ask for an Application for Protective Order.
- Complete the application — describe the incidents in detail. Dates, times, injuries, witnesses. Attach police reports, photos, texts, medical records if available.
- Sign under oath in front of the clerk (no notary needed — the clerk swears you in).
- Same-day judge review. A district judge reviews the application. If it shows an immediate danger, a Temporary Ex Parte Protective Order (§ 83.001) is issued that same day — no notice to the respondent required. It lasts up to 20 days.
- Serve the respondent. The Sheriff or a constable serves the order. Enforceable the moment it's served.
- Final hearing within 14 days. Both sides appear; the court decides whether to issue a Final Protective Order (up to 2 years).
Option 2: District Attorney Files for You (FREE)
The Ector County District Attorney's Office has a Family Violence Unit that will file the protective order on your behalf at no cost. This is often the best option for victims without legal representation. Contact them at (432) 498-4200.
Option 3: Attorney-Filed (Complex Cases)
If you're in a contested divorce or custody case, an attorney-filed protective order gives you the strongest procedural position. Robles Family Law can file same-day, appear at the final hearing, and coordinate with your ongoing divorce case.
Facing this situation in Texas?
Our attorneys handle family law cases in Ector and Midland counties every week. Your consultation is confidential — English or Spanish.
3What the Order Does & What Happens If Violated
A Texas Final Protective Order (Tex. Fam. Code § 85.022) is one of the most powerful civil orders in the state. It can prohibit the respondent from:
- Committing further family violence
- Communicating with the victim in ANY way — call, text, email, social media, third parties
- Going near the victim's home, workplace, school, or the children's school
- Possessing a firearm (federal automatic under 18 U.S.C. § 922(g)(8))
- Consuming alcohol or controlled substances
The order can ALSO grant:
- Temporary exclusive possession of the home
- Temporary child custody and support
- Payment of medical bills, counseling costs, and attorney's fees
- Return of the victim's personal property
Consequences of Violation
First violation: Class A misdemeanor — up to 1 year in county jail + $4,000 fine (Tex. Penal Code § 25.07).
Second violation within 12 months, OR violation with a deadly weapon: Third-degree felony — 2–10 years in prison.
Violation involving assault or stalking: Enhanced felony charges.
Call 911 IMMEDIATELY at any violation — even a text message. Police can and will arrest on the spot. Document every incident.
Need a Protective Order in Odessa or Midland?
Robles Family Law offers same-day consultations for protective order matters throughout the Permian Basin. If you're facing accusations, we defend those too. Learn more about our Protective Order practice.
Emergency Consultation — (432) 366-6000?Frequently Asked Questions
How do I get a protective order in Odessa, TX?+
How long does a Texas protective order last?+
What happens if someone violates a Texas protective order?+
Does a protective order take away your gun rights?+
How does a protective order affect divorce and child custody?+
Can I get a protective order without my spouse being arrested?+
What if I've been falsely accused of family violence?+
Can a protective order be extended or vacated?+
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Additional Resources
Written by Anthony Robles
Legal expert with over 15 years of experience in family law. Dedicated to helping clients navigate complex legal situations with compassion and expertise.
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