An ex parte order in Texas is a court order a judge can sign without the other party present or notified, used when waiting for a normal hearing would leave someone in danger or allow serious harm. You get one by filing a petition and a sworn affidavit that lay out a specific, immediate threat; if the judge is convinced, the order can be signed the same day and remains in force for a short window until a full hearing with both sides takes place.
The Three Tracks and Which One Fits
Texas has three main ex parte paths, and they live under different statutes with different standards. Filing under the wrong one is a common reason requests get denied.
Temporary Ex Parte Protective Order (Family Violence)
Under Texas Family Code 83.001, a judge can issue a temporary protective order with no notice and no hearing if the sworn application shows a clear and present danger of family violence.1State of Texas. Texas Family Code 83.001 – Requirements for Temporary Ex Parte Order Vague statements of feeling unsafe do not meet that standard. Judges want specific incidents, dates, descriptions of violence or threats, and any history of abuse.
Temporary Restraining Order in a Custody Case
Inside a pending custody suit, Texas Family Code 105.001 lets a judge sign a TRO that stops a parent from removing the child from a geographic area, disturbing the child’s peace, or taking similar harmful action. The statute does not require an affidavit showing immediate and irreparable injury, which is a lower bar than the civil TRO rule. There is a hard limit, though: the court cannot change temporary conservatorship — who the child lives with — without notice and a hearing, unless a governmental entity such as Child Protective Services is seeking emergency removal under Chapter 262.2State of Texas. Texas Family Code 105.001 – Temporary Orders Before Final Order A TRO can stop the other parent from fleeing with your child. It cannot hand you custody ex parte.
Civil TRO (Rule 680)
For business disputes, asset protection, and other non-family matters, Texas Rule of Civil Procedure 680 applies. To get a TRO without notice, your sworn affidavit must show immediate and irreparable harm that will occur before the other side can be served and heard.3Texas Courts. Texas Rules of Civil Procedure – Rule 680 Typical uses include freezing accounts a partner is draining or preventing destruction of evidence. Courts are skeptical of these requests, so the factual showing has to be strong.
What Your Affidavit Needs to Prove
Every ex parte filing starts with two documents: a petition that states the legal basis, and a sworn affidavit that states the facts. The affidavit is where most requests are won or lost, because the judge has only your side of the story and nothing from the opposing party to test it against.
Write with specifics. Dates. Locations. What was said, quoted as closely as you can. If you were injured, describe the injuries. If there is a pattern, show the pattern. Gaps and inconsistencies give the judge a reason to say no.
Attach what you have. In a family violence case, the most persuasive evidence tends to be police reports, photographs of injuries, medical records, and screenshots of threatening messages. In a child custody emergency, that often means school records, Child Protective Services reports, medical evaluations, and statements from teachers or counselors who have observed the child. In a civil dispute, financial records, contracts, and communications showing the threatened harm help establish urgency. Every piece of documentation reduces how much the judge has to take on your word alone.
The petition itself has to match the statute you are filing under. A family violence petition identifies the relationship, describes the acts or threats of violence, and explains the clear and present danger. A custody TRO petition explains why the restraint is necessary for the child’s safety. A Rule 680 petition describes the irreparable harm and why advance notice to the other side would defeat the order’s purpose.
Filing Fees
If you are filing for a protective order in a family violence case, you pay nothing. Texas Family Code 81.002 prohibits court clerks, sheriffs, constables, and other public officials from charging you for filing, serving, or entering a protective order, and that includes certified copies, court reporter fees, modifications, and transfers.4State of Texas. Texas Family Code 81.002 – No Fee for Applicant
Civil TROs and custody-related restraining orders filed outside the protective order framework carry standard court filing fees that vary by county and generally run a few hundred dollars. Service of process is additional: a sheriff or constable charges a fee, and private process servers typically charge between $50 and $150 for expedited personal service. Attorney retainers for emergency filings usually start in the low thousands, though legal aid organizations often represent domestic violence applicants for free.
How the Judge Decides
Most ex parte orders are decided in chambers. The judge reads the petition, affidavit, and attachments, and if they establish sufficient urgency, signs the order the same day, sometimes within hours. Family violence courts in many counties have systems built specifically to move these filings fast.
Some judges will have you come in briefly to answer questions about your affidavit if something is unclear. The other party is not there. It is not an adversarial hearing — the judge is just testing the credibility and completeness of your account before acting on it alone.
An order that gets signed will spell out specific prohibitions. Family violence protective orders commonly bar the respondent from contacting you, from coming near your home or workplace, and from possessing firearms. Custody TROs often restrict a parent from removing the child from the jurisdiction. Civil TROs may freeze assets or prohibit destruction of specific documents. Law enforcement is notified so officers can act on violations. Family Code 83.003 lets judges waive any bond requirement for ex parte protective orders.
How Long It Lasts and When the Full Hearing Happens
The duration rules are different for each track, and mixing them up can leave you unprotected when you think you are covered.
A temporary ex parte protective order under Family Code Chapter 83 is valid for up to 20 days and can be extended for additional 20-day periods.5State of Texas. Texas Family Code 83.002 – Duration of Order; Extension Meanwhile the court must schedule a full hearing on a permanent protective order no later than 14 days after you filed the application, or 20 days in counties with populations over two million. At that hearing both sides present evidence, and the judge decides whether to issue a protective order that can last two years or longer.6State of Texas. Texas Family Code 85.001 – Required Findings and Orders
A civil TRO under Rule 680 expires 14 days after signing unless the court extends it for good cause for one additional 14-day period, or the other party consents to a longer extension.3Texas Courts. Texas Rules of Civil Procedure – Rule 680 You have a maximum of 28 days to get a temporary injunction hearing on the calendar. Miss that window without an extension or a hearing setting, and the TRO just expires.
Serving the Other Party
After the judge signs, you have to serve the other party with a copy of the order and the supporting documents. This is not a formality. An unserved order cannot be enforced against someone who never received notice, and improper service is one of the most common grounds for a successful challenge.
A sheriff, constable, or authorized private process server does the service. Personal service is strongly preferred because it creates a clear record. If personal service is not possible despite diligent efforts, you can ask the court to approve alternatives like certified mail or service by publication, though courts grant these reluctantly in protective order cases. Keep every receipt and return. If the respondent later claims they were never served, the burden to prove otherwise is on you.
Firearms: What the Ex Parte Order Does and Doesn’t Trigger
Federal law prohibits a person subject to a qualifying protective order from possessing any firearm or ammunition under 18 U.S.C. § 922(g)(8), with violations punishable by up to 10 years in federal prison.7Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts The federal prohibition requires that the order was issued after a hearing where the respondent received actual notice and an opportunity to participate. An ex parte order, by definition, is not issued after such a hearing, so the federal ban does not attach at the ex parte stage. It kicks in once the follow-up protective order hearing happens and the court issues a protective order with the respondent having had notice. During the ex parte window, the respondent’s firearm access is unchanged under federal law even if the state order addresses firearms.
Penalties for Violating the Order
Texas enforces ex parte orders aggressively.
Violating a family violence protective order is a Class A misdemeanor under Texas Penal Code 25.07, punishable by up to one year in jail and a $4,000 fine. It becomes a third-degree felony — 2 to 10 years in prison — if the respondent has two or more prior convictions for violating a protective order, or if the violation involved assault or stalking.8State of Texas. Texas Penal Code 25.07 – Violation of Certain Court Orders or Conditions of Bond in a Family Violence Case It can also become a state jail felony when the respondent possessed a deadly weapon during the violation. Officers can arrest on the spot with probable cause.
Any court order violation can also draw contempt proceedings under Texas Government Code 21.002, carrying a fine of up to $500, confinement up to six months, or both. For civil contempt, the court can confine the violator until compliance, up to 18 months maximum.9State of Texas. Texas Government Code 21.002 – Contempt of Court
In custody matters, taking or keeping a child in violation of a court order, including a temporary ex parte order, is interference with child custody under Texas Penal Code 25.03, a state jail felony punishable by 180 days to 2 years and a fine up to $10,000.10State of Texas. Texas Penal Code 25.03 – Interference With Child Custody On top of criminal exposure, a parent who violates a custody-related order often ends up with supervised visitation or a custody modification against them.
If the Judge Denies Your Request
Denials happen more often than most applicants expect, usually because the evidence was thin, the threat was not sufficiently immediate, or the paperwork had procedural problems. The denial itself usually tells you where you fell short.
Your strongest next move is a full hearing. Even when a judge denies an ex parte protective order in a family violence case, the court can set a hearing on a standard protective order under Family Code 85.001, typically within 14 days of the application date.6State of Texas. Texas Family Code 85.001 – Required Findings and Orders At the hearing you can call witnesses, submit additional evidence, and have the other party cross-examined, which gives the judge a fuller picture than any ex parte filing can.
If the denial was about insufficient documentation, refile with stronger evidence. Medical records you had not yet pulled, police reports from prior incidents, and sworn witness statements can all change the outcome. A victim advocate or attorney who reviews the first application can usually spot what to fix.
If you are in immediate physical danger while any of this is pending, call local law enforcement. Officers can intervene without a court order, and their reports become evidence for your next filing. Domestic violence shelters and victim hotlines can help with safety planning and connect you with legal aid attorneys who handle protective order cases at no cost.