How long a protective order lasts in Texas depends on which kind you have. The standard family violence protective order runs up to two years, but courts can issue longer orders when the conduct is severe, and orders under Chapter 7B of the Code of Criminal Procedure can last for the lifetimes of the people involved. Temporary ex parte orders fill the gap before a hearing, and incarceration can automatically stretch an order past its printed expiration date.
The Two-Year Default
Under Section 85.025 of the Texas Family Code, a family violence protective order is effective for the period the judge specifies, up to a maximum of two years. If the judge doesn’t state an end date, the order expires on the second anniversary of the day it was issued.1State of Texas. Texas Family Code Section 85.025 – Duration of Protective Order Judges can set a shorter term when circumstances call for it, so not every order runs the full two years. The exact expiration date is printed on the order itself, and that’s the first place to check.
When an Order Can Run Longer Than Two Years
A judge can issue a family violence protective order that lasts longer than two years when the record shows the respondent poses a serious, ongoing threat. Section 85.025 allows the court to exceed the cap when the respondent:
- Committed a felony involving family violence against the applicant or a member of the household, whether or not the respondent was charged or convicted
- Caused serious bodily injury to the applicant or a member of the household
- Was the subject of two or more prior protective orders for family violence against the same person, where the court found family violence occurred each time
When one of these findings applies, the judge has discretion to set whatever duration the court considers appropriate to protect the applicant and household.1State of Texas. Texas Family Code Section 85.025 – Duration of Protective Order The statute sets no upper limit in these situations, so a “longer” order can run three years, five years, or more depending on the facts the judge finds.
Divorce and Custody Cases Change the Clock
If the protective order is issued against someone who is also a party to your divorce, the order stays in effect until two years after the judge signs the final divorce decree, not two years from the day the protective order was originally issued. A parallel rule applies when the respondent is a party to a suit affecting the parent-child relationship: the order runs until two years after the final custody or support order is entered.1State of Texas. Texas Family Code Section 85.025 – Duration of Protective Order Because divorce and custody cases can take months or years to finish, this rule keeps the order from expiring mid-litigation.
Lifetime Orders for Sexual Assault, Stalking, and Trafficking
Protective orders issued under Chapter 7B of the Code of Criminal Procedure cover victims of sexual assault, stalking, and human trafficking. These orders run on a different timeline than family violence orders. A Chapter 7B order can last for the lives of both the offender and the victim, or for any shorter period the court sets. If the judge doesn’t state a duration, the order defaults to two years.2Texas District and County Attorneys Association. Code of Criminal Procedure Chapter 7B
Lifetime orders become mandatory in some cases. When a convicted sex offender is required to register for life under Chapter 62 of the Code of Criminal Procedure, the court must issue a protective order that lasts for the lives of both the offender and the victim. Where the family violence statute and Chapter 7B conflict on duration, Chapter 7B controls.
Temporary Ex Parte Orders
Before a full hearing takes place, the court can issue a temporary ex parte protective order if the application shows a clear and present danger of family violence. The judge can grant this order the same day you file, without notifying the respondent or holding a hearing.3State of Texas. Texas Family Code 83.001 It protects you until your scheduled hearing, at which point the judge decides whether to issue a longer-term order.
This is the fastest form of protection available, and it works as a bridge. If you don’t attend the full hearing, the temporary order ends and no lasting order takes its place.4Texas Judicial Branch. Protective Orders FAQ
Automatic Extension While the Respondent Is Incarcerated
Texas law keeps a protective order from quietly expiring while the respondent is in custody. If the respondent is confined in jail or prison when the order would otherwise expire, the order automatically extends. The same extension applies if the order would expire within a year of the respondent’s release. How long the extension runs depends on the sentence:
- Sentence of five years or less: the order extends until two years after the respondent’s release
- Sentence of more than five years: the order extends until one year after the respondent’s release
Longer sentences get a shorter post-release extension because the respondent has already been incapacitated for a substantial period.1State of Texas. Texas Family Code Section 85.025 – Duration of Protective Order You don’t need to file anything for the extension to take effect. It happens by operation of law.
Renewing or Extending Before Expiration
If your order is nearing its end and you still need protection, you have two options, and they work differently.
You can file a motion to modify the existing order to extend its duration. A modification cannot push the order past the second anniversary of the original order, or past a longer expiration date already set under the felony, serious bodily injury, or incarceration provisions.5State of Texas. Texas Family Code Section 87.002 – Modification May Not Extend Duration of Order If you’re already at the two-year mark on a standard order, modification won’t help.
The alternative is filing a new protective order application. You can do this up to 30 days before your current order expires.6Texas State Law Library. Protective Orders – Modifying and Terminating You go through the same process as the first time, including showing that the threat of family violence still exists. This is the more common route when the original order has run close to its full term.
Ending an Order Early
A protective order can end before its stated expiration if either party files a motion asking the court to vacate or modify it. The judge holds a hearing and decides whether the order is still necessary. The protected person can request termination, and so can the respondent, though the respondent carries a heavier burden to show changed circumstances. For Chapter 7B orders involving sexual assault, stalking, or trafficking, the victim, or a parent or guardian acting for a minor victim, can file to rescind the order at any time.2Texas District and County Attorneys Association. Code of Criminal Procedure Chapter 7B
Without any court action, the order simply expires on the date printed on it. No one needs to file paperwork to end it when it reaches its natural expiration.