Kerr County Attorney : Protective Orders

What is a protective order? It is a court order that protects you from someone who has been violent or has threatened to be violent.

A protective order can order the other person:

  • Not to hurt you or threaten to hurt you

  • Not to contact you or go near you, your children, other family relatives, your pets, your home, where you work, or your children’s schools

  • Not to have a gun or a license to carry a gun

The police can arrest the other person for violating any of these orders.

Kerr County Courthouse
700 Main Street, Suite BA103
Kerrville, Texas 78028
Phone: 830-792-2220

Hours of Operation
M-F, 8 a.m.-Noon and 1-5 p.m.

Protective Orders - FAQ

Q. Do I have to be married to the person I want an order against?
A. No. You also meet the relationship requirement if you and the abuser are divorced, lived together, or had a child together or if you and the abuser are related by blood or marriage.

Q. Do I have to go to court to get a protective order?
A. Yes. The person against whom you want an order must receive notice that you want a protective order and be given the chance to appear in court and object to the order.

Q. Can I get a protective order because of mental abuse?
A. No. You must show that family violence -- physical abuse or threats of physical abuse -- has occurred and is likely to occur again. Mental and emotional abuse are not part of the definition of family violence in the Texas Family Code.

Q. How much will this cost me?
A. Our office does not charge attorney’s fees to represent you. By law, the district clerk cannot charge a protective order applicant any filing fees, and the constable cannot charge the applicant for service of the papers.

Q. How long does it take to get a protective order?
A. Usually it takes at least two weeks to get a protective order.

Q. What’s the difference between a protective order and a restraining order?
A. Both types of orders can direct a person to stay away from your home and place of employment. However, only a protective order is criminally enforceable, meaning that the abuser can be arrested and charged with a criminal offense for violating the order. The police cannot arrest someone for violating a restraining order; you must go back to the judge who issued the restraining order to enforce it.

Procedure to Obtain a Protective Order

1. Contact the Hill Country Crisis Council at 830-257-7088 and make an appointment to fill out a protective order application and victim interview.

2. After completing the application documents, the crisis council will forward the P.O. application to the Kerr County Attorney’s office for review.

3. The county attorney’s office will review the application to determine if it meets the statutory requirements. After reviewing the documents you will be contacted to either obtain more information, come to our office and swear out the affidavit, or it will be explained why the application does not qualify.

4. If we proceed, the application will be forwarded to the Kerr County Court Clerk, where a case number and hearing date will be assigned.

5. We will contact you with the court hearing information. You will be required to be present and testify at the court hearing. If you are not timely present for court or you choose not to testify, your protective order application may be dismissed.

6. Please dress and behave appropriately for court: No shorts, tank tops, t shirts, or swearing. Cell phones should be turned off.