How Protective Orders Work in Texas: What You Need to Know

If you or your children are in danger from a family member, household member, or dating partner, Texas law provides powerful legal tools to help keep you safe. A protective order is a court order that legally prohibits an abuser from contacting, threatening, or coming near you. Understanding how protective orders work, the different types available, and how they are enforced can be the first step toward reclaiming your safety and peace of mind.

If you are in immediate danger, call 911. The National Domestic Violence Hotline is available 24/7 at 1-800-799-7233.

Who Can Get a Protective Order in Texas?

Under the Texas Family Code, a protective order can be sought by any person who has been the victim of family violence. The law defines family violence broadly and includes:

• Physical harm, assault, or sexual assault by a family or household member
• Threats that reasonably place you in fear of imminent physical harm
• Dating violence (violence by a current or former dating partner)
• Abuse against a child
• Stalking

Family or household members include spouses, former spouses, parents of the same child, people related by blood or marriage, current or former household members, and people in a dating relationship.

Importantly, a protective order can be requested on behalf of another person, including a child, an elderly individual, or a person with a disability who cannot file on their own.

The Three Types of Protective Orders in Texas

1. Emergency Protective Order (Magistrate's Order)

An Emergency Protective Order (EPO) is issued by a magistrate judge, typically at the request of law enforcement following a domestic violence arrest. Key features include:

• Issued without a formal application by the victim
• Takes effect immediately upon issuance
• Lasts between 31 and 91 days, depending on the circumstances
• Must be issued if the offense involved serious bodily injury or a deadly weapon, or if there has been a previous family violence conviction
• Can prohibit the respondent from going near the victim's home, workplace, or child's school

An EPO is designed to provide immediate protection in the critical period after a violent incident, giving the victim time to pursue longer-term legal protection.

2. Temporary Ex Parte Protective Order

A Temporary Ex Parte Protective Order is issued by a court based on a sworn application from the victim, without requiring the abuser to be present or notified in advance. This is a crucial feature because it means you can obtain protection quickly, often within 24 to 48 hours of filing.

To obtain a temporary ex parte order, you must demonstrate that there is a clear and present danger of family violence. The court will review your application and any supporting evidence, such as:

• Police reports
• Photographs of injuries
• Threatening text messages or voicemails
• Medical records
• Sworn statements from witnesses

A temporary ex parte order typically lasts up to 20 days, during which time a hearing is scheduled for a final (permanent) protective order. The court may extend the temporary order if the hearing is continued.

3. Final Protective Order

A Final Protective Order is issued after a full hearing where both parties have the opportunity to present evidence and testimony. If the court finds that family violence has occurred and is likely to occur in the future, it will issue a final protective order that can last up to two years. In some cases, the court may issue an order for a longer duration if it finds the respondent caused serious bodily injury or committed certain felony offenses.

What Can a Protective Order Include?

Protective orders in Texas can contain a wide range of provisions tailored to the specific situation. Common provisions include:

• No-contact order: Prohibiting the respondent from communicating with the victim directly, indirectly, or through third parties
• Stay-away provision: Requiring the respondent to stay a certain distance from the victim's home, workplace, school, or other specified locations
• Residence exclusion: Ordering the respondent to move out of a shared home
• Firearms restriction: Prohibiting the respondent from possessing firearms for the duration of the order
• Child custody provisions: Establishing temporary custody and visitation arrangements that prioritize the child's safety
• Property provisions: Granting exclusive use of certain property, such as a vehicle
• Counseling requirements: Ordering the respondent to attend battering intervention programs or counseling

How Protective Orders Are Enforced

A protective order is a court order backed by the full authority of the law. Violating a protective order in Texas is a criminal offense. Depending on the nature and circumstances of the violation:

• A first violation is typically a Class A misdemeanor, punishable by up to one year in jail and a fine up to $4,000
• A violation involving a subsequent offense or involving a stalking-related act may be charged as a third-degree felony, punishable by 2 to 10 years in prison

If the respondent violates the protective order, you should call 911 immediately. Law enforcement has the authority to arrest the respondent without a warrant if they have probable cause to believe a violation has occurred.

Protective Orders and Divorce Proceedings

Protective orders and divorce proceedings often intersect. If you are in an abusive relationship and considering divorce, a protective order can provide critical safety protections during the divorce process. Additionally:

• A finding of family violence can overcome the presumption of Joint Managing Conservatorship in child custody determinations
• Family violence is a factor courts consider when dividing community property
• A conviction or deferred adjudication for family violence can make the victim eligible for spousal maintenance regardless of the length of the marriage
• The mandatory 60-day waiting period for divorce may be waived in cases involving family violence

How to Apply for a Protective Order in Harris County

1. Gather documentation. Collect any evidence of abuse, including photos, messages, police reports, and medical records.
2. File an application. Applications can be filed at the Harris County District Clerk's office or through the Harris County Domestic Relations Office. There is no filing fee for protective order applications in Texas.
3. Attend the hearing. For a temporary ex parte order, you may only need to appear before a judge with your application. For a final protective order, a full hearing will be scheduled.
4. Consider hiring an attorney. While you can file for a protective order on your own, having an experienced family law attorney can strengthen your case and ensure all available protections are included in the order.

Important Considerations

A protective order is different from a restraining order issued in a divorce case. Divorce restraining orders (temporary restraining orders or TROs) are civil orders that typically address property and conduct during the divorce. A protective order specifically addresses family violence and carries criminal penalties for violations.

It is also important to know that filing a false application for a protective order is a serious matter. However, you should never let fear of not being believed prevent you from seeking protection when you are genuinely in danger.