Dallas Domestic Violence Laws: Protective Orders and Penalties

Domestic violence laws in Dallas give survivors three main tools: protective orders issued through the Dallas County District Attorney’s Office, criminal prosecution of abusers through the DA’s Family Violence Division, and a set of related protections covering firearms, custody, housing, immigration, and address privacy.¹ Penalties for abusers scale from a Class A misdemeanor for a first assault up to a first-degree felony carrying as much as 99 years in prison.

What Counts as Family Violence in Texas

Texas Family Code Chapter 71 defines family violence as any act by a family or household member meant to cause physical harm, bodily injury, or sexual assault, or any threat that reasonably puts someone in fear of those things.² The definition reaches a punch, a credible verbal threat, or coerced sexual contact.

“Family” covers blood relatives, former spouses, foster parents and children, and people who share a child regardless of whether they ever married. “Household members” means anyone who lives or has previously lived in the same home, related or not.³ A roommate or former live-in partner qualifies.

Dating violence is treated separately. It applies to people in a current or past romantic relationship, and courts look at the length, nature, and frequency of contact to decide whether the relationship qualifies. Casual acquaintances and ordinary social interactions do not count.

Protective Orders Available in Dallas

Dallas residents can pursue three levels of court-issued protection, each suited to a different stage of a domestic violence situation.

Magistrate’s Order of Emergency Protection

A Magistrate’s Order of Emergency Protection, or MOEP, is issued automatically after an arrest for family violence. The arrested person does not need to be convicted first. As of September 1, 2025, these orders last 61 to 91 days. If the offense involved a deadly weapon, the order runs at least 91 days and can extend to 121 days.⁴ You do not have to apply; the magistrate issues it at the time of arrest.

Temporary Ex Parte Protective Order

A temporary ex parte order gives you immediate protection before a full hearing. A judge can grant one without notifying the abuser if the court finds a clear and present danger of family violence. These orders last up to 20 days and the court can extend them in additional 20-day increments. The ex parte order bridges the gap between emergency protection and a final order hearing.

Final Protective Order

A final protective order is issued after a hearing where both sides can present evidence. These orders last up to two years by default. The court can extend a final order beyond two years if the abuser committed a felony involving family violence, caused serious bodily injury, or has been the subject of two or more prior protective orders.⁵ If the abuser is incarcerated when the order would expire, the expiration automatically pushes to one or two years after release, depending on sentence length.

What a Final Order Can Require

A final protective order can prohibit the respondent from coming near specified addresses, including your home, workplace, and children’s school, with set minimum distances. It can ban threatening or harassing contact and, with good cause, all direct communication except through attorneys. The order bars the respondent from possessing a firearm and suspends any Texas handgun license. The respondent cannot use tracking apps, GPS devices, or other surveillance on you, your vehicle, or your electronics. The court can also prohibit harm or interference with pets or assistance animals.

Beyond those restrictions, a judge can order the abuser out of a shared residence, set terms for child visitation, order child support, and require the respondent to attend a batterer intervention program.⁶

How to Apply for a Protective Order in Dallas County

The Dallas County District Attorney’s Protective Orders section helps survivors apply at no cost. Call (214) 653-3605 or (214) 653-3528.⁷ If you want to file on your own, the official application form is available through the Texas courts system.⁸ There is no filing fee for protective order applications in family violence cases, and you do not need a lawyer.

Gather the respondent’s full name and current address so the court can arrange service. Describe your relationship to the respondent and lay out the specific facts showing why you need protection. Be detailed about past incidents: dates, what happened, injuries, witnesses. Supporting evidence like police reports, photographs of injuries, medical records, and screenshots of threatening messages strengthens the case.

After filing, a judge reviews the application. If the judge finds immediate danger, a temporary ex parte order can issue the same day. The Dallas County Constable or Sheriff’s Office then serves the respondent with the order and notice of the hearing. You must attend the hearing to present your case for a final order. If the respondent does not appear, the judge can still grant the final order by default.⁷

Criminal Penalties for Domestic Violence

Domestic violence charges in Texas carry penalties that increase sharply with the severity of the conduct and the defendant’s record.

Assault Against a Family or Household Member

A first-time domestic assault is a Class A misdemeanor, punishable by up to one year in county jail and a fine of up to $4,000.⁹¹⁰ The charge becomes a third-degree felony if the defendant has a prior family violence conviction or the assault involved choking, strangling, or otherwise blocking the victim’s breathing or blood circulation. A third-degree felony carries two to ten years in prison and a fine of up to $10,000.¹¹

Continuous Violence Against the Family

Two or more domestic assaults within a 12-month period can be charged as a single third-degree felony called continuous violence against the family. Prosecutors can bring this charge even if neither individual incident was previously reported or prosecuted.¹²

Aggravated Assault

Domestic assaults causing serious bodily injury or involving a deadly weapon are charged as aggravated assault, a second-degree felony punishable by two to 20 years in prison.¹³ If the aggravated assault involved both a deadly weapon and serious bodily injury to a family member, the charge rises to a first-degree felony with a potential sentence of five to 99 years.¹⁴

Violating a Protective Order

Violating a protective order is itself a criminal offense in Texas. A first violation is a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000. The charge becomes a third-degree felony, carrying two to ten years in prison, if the person has two or more prior violation convictions or if they violated the order by committing an assault or stalking.¹⁵ An abuser who shows up at a protected location or sends threatening messages faces criminal consequences without committing any new assault.

Firearm Restrictions

A Texas protective order bars the respondent from possessing any firearm and suspends any Texas handgun license they hold. Federal law adds an independent prohibition: anyone subject to a qualifying protective order cannot possess any firearm or ammunition.¹⁶ The federal ban applies when the order was issued after a hearing with notice and an opportunity to participate, and the order either finds the respondent poses a credible threat to a partner or child or explicitly prohibits the use of physical force against them.

Violating the federal ban is a separate crime carrying up to ten years in federal prison. The federal restriction covers intimate partners: spouses, former spouses, cohabitants, former cohabitants, and co-parents.¹⁷

Effects on Child Custody

A history of domestic violence weighs heavily in Texas custody proceedings. Under Texas Family Code Section 153.004, the court must consider evidence of family violence when deciding conservatorship and possession arrangements. A finding of past or present family violence can limit an abuser’s access to children and affect whether they are named a joint managing conservator.

A final protective order can also address custody directly by setting visitation terms and ordering child support as part of the order itself.⁶ If you are going through both a protective order case and a separate custody case, the protective order takes effect immediately while the custody case proceeds on its own timeline. The protective order sets a baseline for safety while family court works through the broader case.

Immigration Options for Survivors

Survivors whose immigration status depends on the abuser have federal options for independent legal status. The Violence Against Women Act allows the abused spouse, child, or parent of a U.S. citizen or lawful permanent resident to self-petition for a green card without the abuser’s knowledge or cooperation. There is no filing fee, and a police report or criminal conviction against the abuser is not required.¹⁸

If you are the victim of a qualifying crime that occurred in the United States, including domestic violence, you may be eligible for a U-Visa. This requires that you suffered physical or emotional harm, have information about the crime, and are cooperating with law enforcement. The U-Visa provides four years of legal status with a work permit, and after three years you can apply for a green card. The annual cap of 10,000 U-Visas means the backlog is significant, so filing early matters.

Employment and Housing Protections

If you leave a job in Texas because of documented family violence, sexual assault, or stalking, you may still qualify for unemployment benefits. The Texas Workforce Commission recognizes these situations as good cause for quitting that is not related to work conditions.¹⁹ A police report, protective order, or shelter records strengthen your claim.

If you live in federally subsidized housing, the Violence Against Women Act protects you from eviction or denial of assistance because you are a survivor. You can request a lease bifurcation to remove the abuser from the lease, or request an emergency transfer to a different unit. Section 8 Housing Choice Voucher holders must be allowed to move with continued assistance.²⁰ These protections apply regardless of how long ago the violence occurred.

Texas Address Confidentiality Program

The Texas Address Confidentiality Program, administered by the Attorney General’s office, gives you a substitute P.O. box address and free mail forwarding so your home address stays out of public records. You can use the substitute address on your driver’s license, voter registration, school enrollment, and most court and government documents.²¹

To enroll, you must first meet with a domestic violence shelter, sexual assault center, or law enforcement staff member to develop a safety plan. After approval, you receive an authorization card with your substitute address. The program is free.

Where to Get Help in Dallas

National Domestic Violence Hotline: 1-800-799-7233, text “START” to 88788, or chat at thehotline.org. Available 24/7.²²
Dallas County DA Protective Orders section: (214) 653-3605 or (214) 653-3528. Prosecutors represent survivors seeking protective orders at no cost.⁷
Dallas County Family Violence Division: handles criminal prosecution of family violence cases and connects survivors with victim services.¹

If your situation involves immigration concerns, child custody complications, or criminal charges against the abuser, a legal aid organization or private attorney who handles family violence cases can help you coordinate across multiple court proceedings.

1
Dallas County. Family Violence Division
2
State of Texas. Texas Code Family Code 71.004 – Family Violence
3
Justia. Texas Code Family Code – Chapter 71 Definitions
4
Texas Legislature Online. Texas Code SB 2196 – Magistrate Ordered Emergency Protection
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State of Texas. Texas Code Family Code 85.025 – Duration of Protective Order
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State of Texas. Texas Code Family Code 85.022 – Requirements of Order Applying to Person Who Committed Family Violence
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Dallas County. Protective Orders
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Texas Courts. Application for Protective Order
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State of Texas. Texas Code Penal Code 22.01 – Assault
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State of Texas. Texas Code Penal Code 12.21 – Class A Misdemeanor
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State of Texas. Texas Code Penal Code 12.34 – Third Degree Felony Punishment
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State of Texas. Texas Code Penal Code 25.11 – Continuous Violence Against the Family
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State of Texas. Texas Code Penal Code 12.33 – Second Degree Felony Punishment
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State of Texas. Texas Code Penal Code 22.02 – Aggravated Assault
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State of Texas. Texas Code Penal Code 25.07 – Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking Case
16
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
17
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Protection Orders and Federal Firearms Prohibitions
18
USCIS. Chapter 2 – Eligibility Requirements and Evidence
19
Texas Workforce Commission. Eligibility and Benefit Amounts
20
U.S. Department of Housing and Urban Development (HUD). Violence Against Women Act (VAWA)
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Texas Department of Public Safety. Address Confidentiality Program
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National Domestic Violence Hotline. Domestic Violence Support