A restraining order in Texas — known formally as a protective order — works by legally barring a specific person from contacting you, coming near you, or committing further violence after a judge finds that family violence, stalking, or sexual assault has occurred and is likely to happen again. The order lists exactly what that person cannot do, and breaking any of those terms is a criminal offense that can trigger immediate arrest. The process starts with an application you file at the courthouse, moves through a short-term emergency order and a full hearing, and ends with a Final Protective Order that can last up to two years or longer in serious cases.
What Texans Mean by “Restraining Order”
The term causes a lot of confusion because Texas actually uses three different legal tools that people lump together.
The one most people are asking about is a Protective Order under the Texas Family Code. You apply for it yourself, and it covers family violence, dating violence, stalking, and sexual assault.1State of Texas. Texas Family Code Chapter 85 – Issuance of Protective Order
A Magistrate’s Order for Emergency Protection is different. You don’t apply for one. A criminal court judge issues it automatically after someone is arrested for family violence, stalking, or sexual assault, at the request of a peace officer, prosecutor, or the victim. Under the law effective September 1, 2025, it lasts 61 to 91 days, or 91 to 121 days if a deadly weapon was involved.2Texas Courts. Magistrate Order for Emergency Protection Form – Effective September 1, 2025
A Temporary Restraining Order (TRO) is something else entirely. It’s a civil tool used in lawsuits like divorces to stop someone from doing things like emptying a bank account or selling property. A TRO is not about physical safety.
The rest of this article covers the Family Code protective order, which is the one you seek out on your own for protection from violence.
Who Can Apply
Eligibility depends on your relationship to the other person. Texas defines “family violence” as harm or threats between family members, household members, or people in a dating relationship. “Family” is broad: current and former spouses, parents of the same child, blood relatives, relatives by marriage, foster parents and children, and anyone who currently lives or previously lived in the same household.3Child Welfare Information Gateway. Definitions of Domestic Violence – Texas
You can also apply if you’re a victim of sexual assault or stalking, whether or not you know the person or share any family or household connection with them.
Adults file on their own behalf. A parent, guardian, or prosecutor can file for a child or someone unable to file for themselves. In many counties, the district or county attorney’s office handles protective order cases and represents applicants in court at no cost.
How to File
You file an Application for a Protective Order with the district court clerk. You can file in the county where you live, the county where the respondent lives, or the county where the violence occurred. Texas charges no filing fees.4Texas State Law Library. Protective Orders – Getting an Order
The application asks for the full legal names and county of residence for both you and the respondent, along with a description of your relationship. The heart of the application is a sworn written statement about the incidents that made you fear for your safety. Be specific — dates, times, locations, and what happened. You’ll sign the statement in front of a notary or court clerk.
Evidence isn’t required to file, but it helps. Useful items include police report numbers, photos of injuries or damage, screenshots of threatening messages or social media posts, and the names of any witnesses.
How the Court Process Works
Step 1: Temporary Ex Parte Order
After you file, a judge reads your application without the respondent present. If the judge finds a clear and present danger of family violence, they can sign a Temporary Ex Parte Order right away. This gives you immediate legal protection while the case moves forward, and it lasts up to 20 days.
Step 2: Service on the Respondent
A constable or sheriff’s deputy formally delivers the application and any temporary order to the respondent. This is called service of process. It puts the respondent on notice of the case and the date of the final hearing.
Step 3: Final Hearing
At the final hearing, both sides can present evidence, call witnesses, and testify. The respondent has the right to an attorney and can dispute your account. If the judge finds that family violence occurred and is likely to occur again, the court issues a Final Protective Order.1State of Texas. Texas Family Code Chapter 85 – Issuance of Protective Order That’s when the full set of restrictions and criminal penalties takes effect.
What the Order Prohibits
Under Texas Family Code Section 85.022, a Final Protective Order can bar the respondent from:5State of Texas. Texas Family Code Section 85.022 – Requirements of Protective Order
- Committing further violence against you or members of your family or household.
- Communicating with you in a threatening or harassing way, or passing threats through a third party. On a finding of good cause, the court can ban all direct contact except through attorneys or a court-appointed person.
- Going near specific places such as your home, workplace, or your children’s school or daycare. Each location and the required distance must be spelled out in the order.
- Following you or engaging in conduct meant to harass, alarm, or torment you.
- Tracking or monitoring you, including through phone tracking apps, GPS devices on your car, or a third party.
- Possessing a firearm while the order is in effect.
- Harming or threatening a pet or assistance animal in your care.
The court can also grant temporary custody of children, set visitation, order child support, and require the respondent to complete a battering intervention program. The exact terms are tailored to the facts of your case.
How Long the Order Lasts
A Final Protective Order can last up to two years. If the order doesn’t state an end date, it expires on the second anniversary of the day it was signed.6State of Texas. Texas Family Code Section 85.025 – Duration of Protective Order
The court can order a longer period in serious cases: when the respondent committed a felony-level act of family violence, caused serious bodily injury, or has already been the subject of two or more prior protective orders involving the same victim.6State of Texas. Texas Family Code Section 85.025 – Duration of Protective Order
If you still need protection when the order is close to expiring, you can file a new application up to 30 days before the end date. If the respondent is in prison when the order would otherwise expire, it automatically extends by one or two years depending on the sentence.7Texas State Law Library. Protective Orders – Modifying or Terminating
Firearms Restrictions
Texas law requires the court to prohibit the respondent from possessing firearms for the life of the order and to suspend any handgun license the respondent holds.5State of Texas. Texas Family Code Section 85.022 – Requirements of Protective Order
Federal law goes further. Under 18 U.S.C. § 922(g)(8), it is a federal crime to possess any firearm or ammunition while subject to a qualifying protective order issued after a hearing at which the respondent had notice and a chance to participate. The order must either include a finding that the respondent poses a credible threat to an intimate partner or child, or explicitly bar the use or threat of physical force.8Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts A Final Protective Order issued after a full hearing in Texas will almost always meet these federal criteria.
What Happens if the Order Is Violated
If the respondent breaks any term of the order, call 911. Tell the dispatcher you have an active protective order and describe what happened. Officers can arrest the person on the spot. Keep a copy of the order on you or on your phone so you can show responding officers.
Under Texas Penal Code Section 25.07, penalties escalate with the circumstances:9State of Texas. Texas Penal Code Section 25.07 – Violation of Certain Court Orders or Conditions of Bond
- A first offense is a Class A misdemeanor, punishable by up to one year in county jail and a fine of up to $4,000.
- It becomes a state jail felony if the respondent had a deadly weapon during the violation, or if the order was issued under the Code of Criminal Procedure after a conviction or deferred adjudication for an offense against the victim.
- It becomes a third-degree felony (two to ten years in prison and up to a $10,000 fine) if the respondent has two or more prior convictions for violating a protective order, or if the violation itself involved an assault or stalking.
Even conduct the respondent might dismiss as minor, like a single text message, can lead to arrest if the order forbids contact.
If You or the Respondent Leaves Texas
A Texas protective order stays enforceable if you move. Under the federal Violence Against Women Act, every state, tribe, and territory in the United States must honor and enforce a valid protective order issued anywhere in the country.10Office of the Law Revision Counsel. 18 USC 2265 – Full Faith and Credit Given to Protection Orders You do not need to register it in the new state. Local law enforcement must treat it as if their own court had issued it.
The order qualifies for interstate enforcement if a court with jurisdiction issued it and the respondent received notice and a chance to be heard. Temporary ex parte orders qualify too, as long as the respondent gets that chance at the follow-up hearing. Carry a copy of the order when you travel or relocate.