Dallas Domestic Violence Attorney — Confidential Bilingual Help
If You Are in Immediate Danger
Call 911. Do not wait for an attorney to answer. Dallas police can arrest on probable cause without a warrant for a family-violence assault (Tex. Code Crim. Proc. art. 14.03(a)(4)) and can request an Emergency Protective Order (EPO) from a magistrate before the accused is released. The EPO is temporary and lasts 31-91 days.
The Genesis Women's Shelter (Dallas) and The Family Place (Dallas) both operate 24-hour bilingual hotlines. Their shelter and legal advocacy services are free. We coordinate with both organizations regularly and can transfer your case seamlessly if a longer-term protective order is needed.
If you are undocumented, please know: a Texas Protective Order does not trigger immigration reporting, and Isabela's role as consulting attorney for the Mexican Consulate of Dallas makes coordinated safety and consular protection routine for our practice.
What Texas Law Says About Protective Orders
A Texas Protective Order under Tex. Fam. Code Chapters 71 and 85 is a civil court order that can prohibit the respondent from committing further violence, from communicating with the applicant, from going near the applicant's home, workplace, or the children's schools, and from possessing a firearm (18 U.S.C. §922(g)(8)).
An ex parte Temporary Protective Order can be granted without notice to the respondent under §83.001 if the court finds a clear and present danger of family violence — issued the same day the application is filed. A full Protective Order is granted after a hearing (usually within 14 days per §84.001) and lasts up to two years (§85.025) — longer in narrow circumstances involving serious bodily injury or repeat offenses.
"Family violence" is defined broadly at §71.004 — it covers not only physical assault but any act intended to cause bodily injury, physical harm, sexual assault, or a threat that reasonably places a family or household member in fear of imminent physical harm. Dating relationships are covered under §71.0021.
Our Bilingual Approach at Garcia-Windsor, P.C.
At Garcia-Windsor, P.C., every family violence case is led personally by founding attorney Isabela A. Garcia. Isabela is Board of Legal Specialization-eligible family law counsel, a Super Lawyers Rising Star for family law in Dallas, and one of the Top 50 Women Leaders in Texas. She serves as the exclusive consulting attorney for the Mexican Consulate General of Dallas through the PALE program (Programa de Asistencia Jurídica a Personas Mexicanas).
We are fully bilingual — English and Spanish — from the first phone call through the final decree. That matters when a spouse, child, or key document lives on the other side of the border. Our office is in the Bishop Arts District at 1015 N Bishop Ave, Dallas, TX 75208; consultations are free and we respond to every inquiry within one business day.
We represent clients across Dallas County, Tarrant County, Collin County, Denton County, Ellis County, Kaufman County, and Rockwall County and appear regularly in the 254th, 255th, 256th, 301st, 302nd, 303rd, 304th, and 305th Judicial District Courts of Dallas County, filed through the Dallas County District Clerk at the George Allen Sr. Courts Building, 600 Commerce Street, Dallas, TX 75202.
What Filing Looks Like in Dallas County
The Application for Protective Order is filed in the Dallas County District Clerk's office (or through the Dallas County District Attorney's Family Violence Division, which files on behalf of qualifying victims at no cost). The application is assigned to one of the family district courts — 254th through 305th — and set for hearing within 14 days.
At the ex parte hearing (usually the same day), the applicant may testify under oath about specific incidents of violence or threats. The court can issue a Temporary Protective Order that takes effect immediately.
At the full hearing 14 days later, the respondent has the right to appear and cross-examine. The court applies a preponderance-of-the-evidence standard and, if satisfied, issues a Final Protective Order for a term set under §85.025 — typically two years.
How a Protective Order Interacts with Divorce and Custody
A finding of family violence under §153.004 has significant consequences in custody: it rebuts the parental presumption of joint managing conservatorship (§153.131) and can restrict or eliminate visitation. Filing the protective order and the divorce/SAPCR in the same court is usually the most efficient path.
A protective order also has immigration implications: victims of family violence who are non-citizens may qualify for a U-visa or VAWA self-petition. We coordinate with immigration counsel and, when appropriate, with the Mexican Consulate's protection division.
Enforcement is criminal — violation of a protective order is a Class A misdemeanor and can be a state jail felony on repeat offenses (Tex. Penal Code §25.07). Local police will arrest without a warrant on probable cause.
Call — Today
Confidential, bilingual consultations are free. Isabela answers protective-order calls personally. Call 214-466-6699 or submit the online form and we will respond within one business day — same day for emergencies.
Frequently Asked Questions
Can I get a same-day protective order in Dallas?
Yes. An ex parte Temporary Protective Order under Tex. Fam. Code §83.001 can be granted the same day the application is filed if the court finds a clear and present danger of family violence.
How long does a protective order last?
A Temporary Protective Order lasts up to 20 days (renewable). A Final Protective Order under §85.025 lasts up to two years — longer for repeat offenses or serious bodily injury.
Does a protective order cost money?
There is no filing fee for a family-violence Protective Order (§81.002). You may also file through the Dallas County DA's Family Violence Division at no cost.
Do I need police involvement first?
No. A protective order is a civil order and can be applied for without a prior police report, though contemporaneous police reports and 911 calls strengthen the application.
Will filing a protective order affect my immigration status?
Filing a Texas protective order does not itself trigger immigration action. Victims of family violence may qualify for a U-visa or VAWA self-petition. We coordinate with immigration counsel where needed.
What if my abuser and I are not married?
You are still protected. Chapter 71 covers dating relationships (§71.0021), roommates, household members, and any current or former co-parents.
Can a protective order keep my abuser away from my kids?
Yes. A Final Protective Order can prohibit the respondent from going near the children's school, day care, or home, and can suspend visitation.
What if my abuser owns a gun?
A protective order triggers a federal firearms disqualification under 18 U.S.C. §922(g)(8). Violation of the disqualification is a federal felony.
Ready to discuss your domestic violence case?
Call our Dallas office at 214-466-6699 or request a free consultation online.
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