Texas Family Law Resource
Protective Orders in Texas — A Complete Guide to Family Violence Protection
If you or your children are being abused, threatened, or harassed, Texas law provides powerful legal tools to protect you. This guide explains the types of protective orders available in Texas, how to get one, what they cover, how they interact with custody, and what happens when they are violated.
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Call 911. If you are not in immediate danger but need help, contact the Texas Family Violence Hotline: 1-800-525-1978 (available 24/7).
On This Page
- What Is a Protective Order in Texas?
- Types of Protective Orders
- Who Qualifies for a Protective Order?
- What a Protective Order Can Do
- How to Get a Protective Order
- The Protective Order Hearing
- How Long Does a Protective Order Last?
- Protective Orders and Custody
- What Happens When a Protective Order Is Violated?
- If a Protective Order Is Filed Against You
What Is a Protective Order in Texas?
A protective order is a court order that legally prohibits a person from contacting, harassing, threatening, or being physically near the protected person (and often their children, family members, and home, school, or workplace). Violation of a protective order is a criminal offense in Texas — not merely a civil contempt matter.
Texas protective orders are governed primarily by Chapter 85 of the Texas Family Code. They are civil in nature — meaning you apply for them through the civil court system — but violations are prosecuted criminally. This dual nature makes them one of the most powerful legal tools available to victims of family violence.
Protective Orders vs. Restraining Orders
People often use “protective order” and “restraining order” interchangeably, but in Texas they are legally different. A protective order under the Family Code is specifically for family violence situations — violations are criminal. A temporary restraining order (TRO) in civil litigation is a different type of court order that restricts certain actions during pending litigation — violations are civil contempt, not criminal. This guide focuses on family violence protective orders.
Types of Protective Orders in Texas
| Type | How Obtained | Duration |
|---|---|---|
| Emergency Protective Order (EPO) | Issued by a magistrate judge at the time of a family violence arrest — automatically, without a separate application | 31–91 days (Tex. Code Crim. Proc. Art. 17.292) |
| Temporary Ex Parte Protective Order | Applied for by the victim — issued without notice to the abuser when there is a clear and present danger of family violence | Up to 20 days, extendable |
| Final Protective Order | Entered after a full court hearing where both parties can present evidence | Up to 2 years (longer in serious cases — see below) |
| Permanent Protective Order | Available when the abuser has been convicted of certain family violence offenses or when specific aggravating circumstances exist | Lifetime / permanent |
Who Qualifies for a Protective Order in Texas?
A family violence protective order is available to victims of family violence as defined by Tex. Fam. Code §71.004. Family violence includes:
- An act by a family or household member that is intended to result in physical harm, bodily injury, assault, or sexual assault
- A threat that reasonably places the victim in fear of imminent physical harm, bodily injury, assault, or sexual assault
- Abuse of a child by a family or household member
- Dating violence between individuals in a dating relationship
Family and household members who can seek protection include:
- Current or former spouses
- Parents of the same child
- Foster children and foster parents
- Current or former household members
- Individuals in a current or former dating relationship
- Children of the family or household
You Do Not Have to Have Been Physically Hurt
Physical violence is not required for a protective order. Credible threats that place you in reasonable fear of imminent physical harm qualify. Stalking, harassment, and a pattern of threatening behavior — even without physical contact — can support a protective order application in Texas.
What a Texas Protective Order Can Do
A Texas protective order can include a wide range of provisions tailored to the specific circumstances of the case (Tex. Fam. Code §85.022):
| Provision | What It Means |
|---|---|
| No contact order | Prohibits all communication — in person, by phone, text, email, social media, or through third parties |
| Stay-away order | Requires the abuser to stay a specified distance from the victim’s home, workplace, school, or daycare |
| Vacate the home | Orders the abuser to leave the shared residence — even if they are on the lease or mortgage |
| Surrender firearms | Requires the abuser to surrender all firearms and prohibits possession of firearms during the order |
| Exclusive possession of residence | Grants the victim exclusive use of the shared home |
| Temporary custody | Can include temporary custody provisions protecting the children |
| Temporary support | Can include temporary child support or spousal support provisions |
| Counseling requirements | Can require the abuser to complete a batterer intervention program |
How to Get a Protective Order in Texas
Step 1: File an Application
File an Application for Protective Order at the District Clerk’s office in your county. The application is free — there is no filing fee for family violence protective orders in Texas. You can apply with or without an attorney, though having an attorney significantly strengthens your application and protects your interests in the hearing.
Step 2: Temporary Ex Parte Order
If the judge finds there is a clear and present danger of family violence based on your application, they can issue a Temporary Ex Parte Protective Order immediately — without notifying the abuser. This order takes effect right away and gives you immediate legal protection while the full hearing is scheduled.
Step 3: Service on the Respondent
The abuser (the Respondent) must be served with the application and the temporary order. The final protective order hearing must be scheduled within 20 days of the temporary order being issued.
Step 4: The Hearing
At the hearing, both parties can present evidence and testimony. The judge applies the preponderance of the evidence standard — more likely than not that family violence occurred or is likely to occur. If the evidence supports the order, the judge enters a Final Protective Order.
Evidence That Strengthens Your Application
- Police reports and incident numbers from past calls
- Medical records documenting injuries
- Photographs of injuries or property damage
- Threatening text messages, emails, or voicemails
- Witness statements from people who observed the violence or its aftermath
- Records of prior protective orders or criminal charges
How Long Does a Protective Order Last in Texas?
A standard final protective order lasts up to two years. However, the order may last longer — and in some cases permanently — when:
- The court finds the abuser committed an act that would constitute a felony family violence offense
- The court finds the abuser caused serious bodily injury
- The abuser has two or more prior convictions for family violence
- The abuser violated a prior protective order
A protective order can be renewed before it expires. If you are still in fear at the expiration of your order, consult an attorney about renewal well before the expiration date.
Protective Orders and Custody in Texas
A protective order can significantly affect a pending or existing custody case. Under Texas Family Code §153.004, there is a rebuttable presumption against Joint Managing Conservatorship when there is credible evidence of a history of family violence by one parent against the other parent, a spouse, or a child.
A protective order does not automatically determine custody — but it is powerful evidence in a SAPCR. A judge who has entered or reviewed a protective order has already found credible evidence of family violence, which directly informs the best interest analysis.
Protective orders can include temporary custody provisions — but these are interim measures, not final custody determinations. The final custody order is entered through the SAPCR process.
Supervised Visitation and Protective Orders
When a protective order exists and children are involved, courts frequently order supervised visitation for the parent subject to the order — requiring exchanges to occur at a neutral location, requiring a third party to supervise visits, or suspending possession entirely until the court can fully evaluate the safety of the children in that parent’s care.
What Happens When a Protective Order Is Violated in Texas?
Violation of a protective order is a Class A misdemeanor in Texas — punishable by up to one year in jail and a $4,000 fine (Tex. Penal Code §25.07). A second violation within 12 months, or a violation that involves an assault or stalking, is a third-degree felony — punishable by 2–10 years in prison.
If the abuser violates your protective order:
- Call 911 immediately if you are in danger
- Save all evidence of the violation — screenshots, call logs, voicemails, photos
- Report the violation to law enforcement and obtain a police report
- Contact your attorney to document the violation for both the criminal case and the civil custody case
Do Not Meet Privately With the Abuser
Abusers frequently pressure victims to meet privately, claiming they need to discuss the children or that the order was a misunderstanding. Meeting privately does not “cancel” the protective order — but it can compromise your safety and complicate your legal case. All contact, including child exchanges, should occur as specified in the order — typically in a public place or through a third party.
If a Protective Order Is Filed Against You
Protective orders are occasionally filed in bad faith — weaponized in high-conflict custody cases as a tactic to remove a parent from the home, restrict access to children, and gain an advantage in litigation. If a protective order has been filed against you that you believe is false or exaggerated, you have the right to contest it at the hearing.
Do not violate the temporary order while contesting it. Even if you believe the application is false, violating the temporary order creates criminal exposure and damages your credibility with the court. Comply with the temporary order and contest the application through proper legal channels.
- Hire an attorney immediately — the hearing must be scheduled within 20 days
- Gather evidence contradicting the allegations — witnesses, communications, records
- Document your own history with the applicant — context and prior interactions
- Do not contact the applicant directly — all communication through attorneys
- Attend the hearing — failure to appear results in the order being entered by default
Central Texas Family Law
You deserve to be safe. Let’s make sure the law is protecting you.
Carl Knickerbocker handles protective orders and family violence custody cases throughout Round Rock, Georgetown, and Williamson County. Free consultation.
Schedule a Free Consultation (512) 763-9282