Texas Protective Orders Laws

Victims need protection from their abusers. The state of Texas offers an array of protective orders, also called restraining orders, to provide relief from abuse. While some are for specific use against domestic violence crimes, others offer protection for those who don’t fall under that classification.

While not a perfect remedy, protective orders are a powerful shield against abusers for victims. Knowing the right one for your situation is often confusing, so we’ve created this guide to help make your choices easier.

This article will examine the different types of protective orders available in Texas, discuss their protections, show the penalties for violations, and get you started on petitioning for the one you need.

If you’ve suffered abuse and are in danger, call 911. First responders, such as police and EMS, can immediately provide help and safety. If you need to know more about domestic abuse and how Texas fights it, FindLaw’s Texas Domestic Violence Laws article provides useful information that can answer your questions.

The Basics of Texas Protective Orders Laws

The different types of protective orders available in Texas are keyed to certain crimes and, in some cases, the relationship between the people involved. The protections between them tend to overlap as the basic goal of any restraining order is to get the victim away from their abuser. Each order has provisions focused on concerns relevant to that case, but some common terms include:

• A no-contact order
• The abuser must stop abusing and threatening to abuse the victim
• The abuser must surrender all firearms for the duration of the order
• Awarding of temporary child custody or child support to the victim
• Ordering the abuser to vacate any shared dwelling and not return
• Ordering the abuser to return all personal legal documents to the victim (driver’s license, passport, etc.)

While these are used often, no condition is mandatory for a Texas protective order except one. Anyone named in a protective order who is not a law enforcement officer can’t possess a firearm. The circumstances of the case determine the protections put in place. If the two people involved in an abusive crime don’t know each other, child custody isn’t going to be an issue.

Under protections provided by federal law in the Violence Against Women Act (VAWA), protective orders issued in Texas remain in effect anywhere on American soil. Texas law supports the recognition of other states’ orders. This includes orders from tribunals in native reservations as well under the law’s broad definition of state.

Violations of Texas protective orders carry hefty penalties. While they differ between the different types of restraining orders, all carry the potential of jail time and fines for any violation. Many allow separate prosecution of the criminal act committed in addition to the violation penalties.

Also, no one (including the protected party) can give someone "permission" to violate a protective order. To change or end a protective order requires court action or expiration of the order based on the terms of the order itself.

Protective Orders Available in Texas

Knowing the requirements of protective orders in Texas and how they work is the best way to understand which one fits your situation. Let’s take a look at what’s available.

Family Violence Protective Orders

Whether it’s referred to as family violence, domestic violence, or dating violence, certain abusive crimes committed between people sharing a qualifying relationship are eligible for this protective order. Those considered family, household members, or in a dating relationship fit this requirement and are:

• Spouses and former spouses
• In-laws (family by marriage affinity)
• Blood relatives (family by consanguinity)
• Foster parents and/or children
• People who have a child in common
• People living in the same dwelling or who have lived in the same dwelling (roommates)
• People in a dating relationship or who were in a dating relationship (a romantic or intimate relationship)

The court rules on the validity of a dating relationship.

Those who fit into one of the categories above are involved in a domestic violence offense if one of the following criminal acts occurs:

• Sexual assault
• Assault
• Causing physical harm
• Causing bodily injury
• Causing fear or intimidation through the threatening of bodily injury, physical harm, assault, or sexual assault
• Child abuse of any type including neglect, emotional injury, and sexual assault

If both the relationship and offense elements are met, the victim is eligible for a Texas family violence protective order. Victims (petitioners) can petition for a temporary family violence protective order. A temporary protective order occurs after an ex parte hearing, where only the petitioner is present at court.

While you can do it yourself, abuse survivors often benefit from the assistance of a domestic violence advocate organization, a legal aid group, or a private domestic law attorney. You’ll file forms, including an affidavit, in civil court. A judge will review your petition and order the issuance of a temporary ex parte protective order if they find you meet the eligibility requirements, have made a credible allegation of an offense, and agree there’s a threat of future abuse.

The temporary order is served to your abuser (respondent). It’s in effect until your court hearing or 20 days, although it’s extendable if there’s a problem serving the respondent. At the full hearing, both sides tell their story, call witnesses, and present evidence. If the court finds the petitioner has proven abuse and that the threat of further family violence exists, a permanent (final) protective order is issued.

Final protective orders often keep the conditions of the temporary order, although amendments and additions are permitted. Permanent protective orders are in effect for up to two years, although the judge can extend the duration if severe or repeated violence is involved.

Penalties for violating family violence protective orders are severe. They vary by number of violations and the type of offense. A first or second violation is a class A misdemeanor with a fine of up to $4,000 and up to one year in jail. A third or subsequent violation, or any with assault or stalking, is a third-degree felony with a fine of up to $10,000 and between two and 10 years in prison.

Magistrate’s Order for Emergency Protection

Survivors of domestic violence and victims of other abusive crimes can also qualify for a Magistrate’s order for emergency protection issued in criminal court after an abuser’s arrest. This often happens at a criminal defendant’s arraignment.

The victim, police officer, or state’s attorney can make the request. The judge can also issue a protection order without a request. In cases involving family violence where the defendant caused serious physical injury or displayed a deadly weapon in the assault, the court must issue the emergency protection order.

Offering protection tailored to the case, the Magistrate’s order is in effect for between 31 to 61 days. If a deadly weapon was involved in the offense, the period is 61 to 91 days instead. During this time, a victim may also seek a civil family violence or other protection order that may last longer.

Protective Orders: Cases Without Family or Household Relationship

Texas offers other protection orders that target many of the same offenses that fall under family violence, but do not have a specified relationship between the people involved. One group of protection orders can be issued for specific offenses committed by the abuser. The different offenses in this area include:

• Sexual abuse: Often covers sexual offenses involving children/minors
• Indecent assault: Non-consensual touching, sharing, or exposing of the private areas of another person
• Sexual assault: Penetration without consent; penetration on a child/minor
• Stalking: Repeatedly abusing, alarming, annoying, embarrassing, harassing, offending, or tormenting a victim
• Human trafficking: Kidnapping, forcing a victim into prostitution, taking away a victim’s personal liberty

Requests for these protection orders are filed through civil court. Many domestic violence groups also offer aid to victims of these crimes and will help with the process. A temporary ex parte protection order for the specific crime goes into effect on issuance and lasts until the full court hearing.

After both sides present their arguments at the full hearing, the judge rules on whether or not the protective order should remain in effect. These protection orders can last for the lifetimes of both the victim and abuser, or for any length the court deems necessary. By default, a protective order will last for two years.

Violations against a temporary or final protective order can lead to contempt of court charges. Penalties include up to a fine of $500 and up to six months in jail. Final protective order violations are class A misdemeanors as well, subject to a fine of up to $4,000 and up to one year in jail. In some circumstances, violations may qualify as felony crimes.

Texas protection order law also permits those targeted due to bias or prejudice to seek the issuance of a protection order. These cases involve offenses of arson, criminal mischief, and graffiti. The petitioner must prove to the court that the offender committed the offense because of bias or prejudice and that the offender is likely to repeat the conduct.

No Red Flag Law in Texas

Although Texas law does require the removal of firearms from the subject of a court-issued protective order, it does not have a "red flag" law common in other states.

Red flag laws allow family members, household members, dating partners, police, or state’s attorneys to go to court and request that firearms be removed from the possession of someone considered a risk to themselves and others. If the court agrees, it can issue an extreme risk protection order that prevents future purchase of firearms and authorizes removal of firearms by law enforcement.

Texas Protective Orders Laws: Summary

Texas has a lot of different protective orders available. To help you keep them straight, we’ve recapped the information you’ve learned in the table below. We also added links to important protective order codes under Texas law.

Note: The state laws of Texas change through passage of new legislation, rulings in the higher courts that includes federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult a Texas domestic violence attorney or conduct your own research to verify the status of any state law(s) you are reviewing.

Texas Protective Orders Laws: Additional Resources

• National Domestic Violence Hotline (800.799.7233)
• Domestic Violence Survivor Resources – Texas Council on Domestic Violence
• Domestic Violence Orders of Protection
• Family Violence Program – Texas Health and Human Services
• Texas Protection Order Law
• Safety Planning Checklist – Texas Legal Help

Need Help With a Protective Order in Texas? Talk to an Attorney

Being abused and living in fear that more abuse is coming is no way to go through life. Call 911 for immediate assistance. If you’re not sure how to escape your abuser, speak with a Texas family law attorney. They will help you get the proper protections and aid you in finding an abuse-free life.

If a court has issued a protective order against you or you are facing criminal charges for violating a protective order, you need legal advice. Consider talking to a Texas criminal defense attorney sooner rather than later. They can examine your case, explain your options, and be by your side through all legal proceedings.