When domestic violence threatens you or your children, the legal system provides tools designed to create a barrier between you and the person causing harm. In Texas, protective orders are among the most powerful of these tools. They are court orders that carry the force of law and can provide immediate, enforceable protection.
Understanding the types of protective orders available, how to obtain them, and what they can do for you is an important first step toward safety.
Types of Protective Orders in Texas
Texas law provides three main types of protective orders, each designed for different circumstances and timelines:
Emergency Protective Order (Magistrate's Order of Emergency Protection)
An emergency protective order, sometimes called a magistrate's order of emergency protection, is issued by a judge or magistrate immediately following an arrest for a domestic violence offense. You do not need to file a request for this type of order. It is initiated by the court or at the request of law enforcement or the victim.
An emergency protective order typically lasts between 31 and 91 days, depending on the circumstances. If a deadly weapon was involved or if the court finds that the victim faces a clear and present danger, the order can last up to 91 days. This order goes into effect immediately and requires no hearing.
Temporary Ex Parte Protective Order
A temporary ex parte protective order is issued by the court based on a sworn application filed by the victim (or someone on their behalf). The word "ex parte" means the court can grant the order without the abuser being present or even notified in advance. This is critical because it allows protection to begin immediately, without the risk that advance notice would escalate the danger.
To obtain a temporary ex parte order, the applicant must demonstrate that there is a clear and present danger of family violence. The court reviews the application and supporting evidence and, if it finds sufficient grounds, issues the order immediately. A temporary ex parte order typically lasts for up to 20 days, during which time a hearing is scheduled for a longer-term protective order.
Final Protective Order
A final protective order is issued after a full hearing in which both parties have the opportunity to present evidence and testimony. The respondent (the person the order is against) must be served with notice of the hearing and given the opportunity to appear.
If the court finds that family violence has occurred and is likely to occur in the future, it will issue a final protective order. Under Texas law, a final protective order can last for up to two years. In cases involving sexual assault or serious bodily injury, the court may issue a protective order that remains in effect for longer, or in some cases, for the duration of the victim's lifetime.
Who Can File for a Protective Order?
Under Texas Family Code Chapter 82, several categories of people may apply for a protective order:
- A member of the family or household who has been the victim of family violence
- An adult member of the family or household on behalf of a child
- A prosecuting attorney on behalf of the victim
- The Texas Department of Family and Protective Services on behalf of a child or adult
- Any adult can apply for a protective order on behalf of another adult who, because of disability, cannot apply independently
The term "family violence" under Texas law covers violence by a member of the household, a family member, or a current or former dating partner. It includes physical harm, threats of physical harm, and sexual assault.
What a Protective Order Can Do
A protective order in Texas can include a wide range of provisions tailored to the circumstances of the case. Common provisions include:
- Ordering the respondent not to commit further acts of family violence
- Ordering the respondent to stay away from the victim's home, workplace, school, or childcare facility
- Prohibiting the respondent from communicating directly with the victim in a threatening or harassing manner
- Establishing temporary custody of children and setting terms of possession and access
- Ordering the respondent to pay child support
- Prohibiting the respondent from possessing a firearm (federal law also restricts firearm possession for individuals subject to protective orders)
- Ordering the respondent to complete a battering intervention and prevention program
- Awarding exclusive use of a shared residence to the victim
The Process: How to Get a Protective Order
Obtaining a protective order generally follows these steps:
- File an application. The process begins with filing a sworn application with the court. This application should describe the incidents of family violence, the threat of future violence, and the specific protections you are requesting. Many counties have victim advocacy offices or legal aid organizations that can help with the paperwork.
- Temporary ex parte order. If the application demonstrates clear and present danger, the court may immediately issue a temporary ex parte order, providing protection while the case proceeds to a hearing.
- Service on the respondent. The respondent must be served with the application and notice of the hearing. Law enforcement typically handles service.
- The hearing. At the hearing, both parties may present evidence and testimony. The applicant bears the burden of showing that family violence occurred and is likely to occur again. If the respondent does not appear, the court may proceed and issue a default protective order.
- Issuance of the final order. If the court grants the protective order, the terms are put in writing and both parties are bound by them. The order is entered into a statewide database accessible by law enforcement.
Violations and Enforcement
A protective order is a court order. Violating it is a criminal offense. Under Texas Penal Code Section 25.07, a violation of a protective order is a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000. Subsequent violations, or violations involving conduct that independently constitutes a felony (such as assault causing bodily injury), can be charged as third-degree felonies.
If the respondent violates the protective order, you should contact law enforcement immediately. Officers can arrest the respondent on the spot if they have probable cause to believe a violation has occurred. Document every violation, even if police are not called. Keep records of threatening texts, voicemails, unexpected appearances, or any other behavior that violates the order. This documentation can be critical in enforcement proceedings.
Safety Planning
While a protective order is an important legal safeguard, safety planning goes beyond the courtroom. Consider the following as part of a comprehensive safety strategy:
- Keep a certified copy of the protective order with you at all times
- Provide copies to your employer, your child's school, and your childcare provider
- Inform trusted neighbors and friends about the situation
- Change locks and consider security measures for your home
- Have a plan for where you and your children can go quickly if you feel threatened
- Keep an emergency bag packed with essentials, including important documents, medications, and contact information
- Save important phone numbers in your phone and in a separate written list
Taking the First Step
Seeking a protective order can feel daunting, especially when you are already dealing with the fear and stress of a dangerous situation. But Texas law is designed to make this process accessible, and you do not have to navigate it alone.
At Fowler Legal PLLC, attorney Natalie Fowler helps clients in Georgetown and throughout Williamson County obtain protective orders and develop comprehensive plans for safety and stability. If you need protection for yourself or your children, call 512-765-5811 to speak with someone who understands what you are going through.