How to File for a Protective Order in Ellis County

If you are reading this because you or your children are in danger, please know that you are taking a brave and necessary step. As a family law attorney in Midlothian, I see the reality of family violence far too often. But I also see the relief and security that comes when a client finally secures the legal protection they need.

In Texas, a Protective Order is more than just a piece of paper; it is a court order with criminal penalties for those who violate it. It can order an abuser to stay away from you, your home, and your children’s school, and even require them to surrender firearms.

Navigating the legal system when you are already under stress can feel overwhelming. Below, I have outlined the specific steps for filing for a Protective Order here in Ellis County, explaining your options so you can make the best choice for your safety and future.

Determine Your Eligibility

Before filing, you must ensure your situation meets the legal standard in Texas. To get a Protective Order, the court must find that:

Family Violence has occurred: This includes physical harm, bodily injury, assault, or sexual assault. It also includes threats that place you in fear of imminent physical harm.

You can file against a spouse, ex-spouse, blood relative, or someone you have a dating relationship or share a child with.

Choose Your Path: Private Attorney vs. District Attorney

In Ellis County, you generally have two ways to file. It is critical to understand the difference, as it affects your timeline and your control over the case.

Option A: The Ellis County District Attorney (Free Service)

The District Attorney’s office helps victims of family violence file for protective orders at no cost. This is a vital resource for our community.

• Pros: There are no attorney fees.
• Cons: The process can be slower due to their high caseload. Furthermore, if you have a pending divorce or child custody case, the DA’s office often cannot represent you and will refer you to a private attorney.
• Contact: You can reach the Ellis County District Attorney’s Victim Assistance division at 972-825-5374. Their office is located at 109 S. Jackson St. in Waxahachie.

Option B: Hiring a Private Family Law Attorney

At Lundberg Law, we often represent clients seeking protective orders, especially when speed is critical or when the order is part of a broader strategy, like filing for divorce.

• Pros: We can often file immediately (same-day or next-day). We ensure the protective order terms align with your long-term goals for custody and property division. You have a dedicated advocate who is accessible to answer your questions.
• Cons: You will pay legal fees for our representation. (Note: The filing fee with the court is generally waived for family violence applicants, regardless of who represents you).

Filing the Application

If you choose to work with us, we will draft an Application for Protective Order along with a supporting affidavit. This affidavit is your sworn statement detailing the specific incidents of abuse. It is the most important document in your case. We will file this application with the court clerk.

The Temporary Ex Parte Order

In emergencies, we ask the judge for a Temporary Ex Parte Protective Order. This is a temporary order granted without the abuser being present.

• If the judge believes there is a clear and present danger, they can sign this order immediately.
• It is valid for up to 20 days and offers you protection until the final hearing.
• It can legally kick the abuser out of your shared home if strict requirements are met.

Service and Hearing

Once the application is filed, the Ellis County Constable or Sheriff must personally “serve” the abuser with the papers. This notifies them of the hearing date.

The final hearing usually takes place within two weeks. At this hearing:

• You (and I, as your attorney) will present evidence: photos of injuries, text messages, police reports, and your testimony.
• The judge will decide whether to grant a Final Protective Order, which generally lasts for two years (or longer in extreme cases).

Important Local Resources

• Ellis County District Attorney – Victim Assistance: Information on local resources and safety planning.
• Texas Advocacy Project: A statewide organization providing free legal services and advice for survivors of domestic violence.

If you are facing a family law issue in Midlothian or Ellis County, you don’t have to face it alone. Click here to schedule a free consultation or call 972-775-3500 now to speak with our team.