Dating violence is when an abuser commits an act that is:

• intended to result in physical harm, bodily injury (physical pain, illness, or damage to your physical condition)¹, assault, or sexual assault; or
• a threat that reasonably places you in fear of immediate physical harm, bodily injury (physical pain, illness, or damage to your physical condition),¹ assault, or sexual assault.²

The act must be committed against:

• someone with whom s/he has or had a “dating relationship;” or
• the new spouse or intimate partner of someone the abuser is/was married to or in a “dating relationship” with.²

A dating relationship is defined as a relationship between people who have or had a continuing romantic or intimate relationship. To determine if a dating relationship exists, the judge will consider:

1. the length of the relationship;
2. the nature of the relationship; and
3. the frequency and type of interaction between the persons involved in the relationship.²

If you meet the definition of dating violence, as explained above, continue reading this section for more information about applying for a family violence protective order.³

Note: If you commit violence to protect yourself or your children and the court believes you acted in self-defense, then this is not dating violence.²

¹ Tex. Penal Code § 1.07(a)(8)
² Tex. Fam. Code § 71.0021
³ Tex. Fam. Code § 71.004(3)

A protective order can order the abuser to:

• stop committing acts of family violence or dating violence or any acts that are reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass you or your family or household member;
• stop communicating with you or a family member, directly or through a third party, or stop communicating in a threatening or harassing way;
• stay away from your home or workplace or those of your family or household members;
• stay away from a school or daycare center attended by a child protected by the order;
• complete a battering intervention and prevention program or attend counseling with someone who specializes in family violence;
• follow any custody or visitation terms that the judge puts into the order;
• not remove your child from your possession or from the “jurisdiction of the court”;
• stop any transfer or sale of property that you own or lease with the abuser;
• pay child support or spousal support for the time you have the protective order;
• leave your home or other specified property and allow you to stay there if certain conditions are met;
• not possess any firearms, unless the person is a peace officer actively working as a full-time paid employee of a state agency; Note: The judge is supposed to suspend the abuser’s license to carry a handgun if they have been found to have committed family violence;
• not harm, threaten, or interfere with the care, custody, or control of your pet, companion animal, or assistance animal, or that of your family or household member;
• not track or monitor your personal property or motor vehicle without your permission, by using either a tracking application or device, or by physically following you; and
• do anything else that is necessary to prevent or reduce the likelihood of family or dating violence.¹

In addition, if you and the abuser share a cell phone plan, you can ask the judge to separate it. The judge can order that your phone number and your child’s phone number be moved from the abuser’s account into your own separate account. You would then be responsible for paying for it and have the right to use each transferred wireless telephone number.² The Texas Council on Family Violence has an FAQ booklet about transferring your cell phone number.

If your protective order includes terms related to custody or divorce, these terms will take precedence over any order from your divorce or custody case. This means that whatever the judge includes here will be enforced instead of the existing orders. This will be true for as long as the protective order is in effect, even if it is a temporary ex parte order. The order should include language saying this, but it is true even if the language is not there.³ 

Note: Even if the order doesn’t specifically say that the abuser has to turn over their firearms, possession of a firearm by a non-police officer who is a respondent in a protective order case is illegal under Texas state law and federal law. Please see Texas State Gun Laws and Federal Gun Laws for more information.

¹ Tex. Fam. Code §§ 85.021; 85.022
² Tex. Fam. Code §85.0225(a), (d)(3)
³ Tex. Fam. Code §§ 81.012; 85.026(b)

If you or your adult family or household member asks for it, the judge must remove the address and phone number of the following places from your protective order:

1. your home, including the county you live in, or the home of anyone protected by the order;
2. your workplace or the workplace of anyone protected by the order; and
3. the daycare center or school of any child protected by the order.¹

Remember, however, that if you file in the county where you live, the abuser will be aware of where the court case is happening and may conclude that is where you live. You may want to make a safety plan before filing.

The judge must also make sure to:

• remove the address and phone number of the three places mentioned above from the public court records and keep a confidential record of them for court use only;
• remove your mailing address and county of residence from the public records of the court if it’s different than your home address. The clerk must keep a confidential record of it for court use only and cannot show it to the abuser.²

The judge must tell you and any family and household members who appear in court with you about this option to keep your information confidential.³ If you choose to keep your mailing address confidential, you will have to include the mailing address of someone else, such as a family member or friend, who will receive the mail and notices related to the case on your behalf.⁴

If you do not want the abuser to know this information about you and your family, make sure to:

• tell the clerk when filing your petition; and
• check the box to keep this information confidential when filling out any court forms.

¹ Tex. Fam. Code §§ 82.011; 85.007(a)
² Tex. Fam. Code §§ 82.011; 85.007(b)
³ Tex. Fam. Code § 85.007(a-1)
⁴ Tex. Fam. Code § 82.011(1)(B), (C)

An adult household member or any adult can file for a protective order to protect a minor from family violence.¹ However, if the minor is in a dating relationship and is applying for the order based on “dating violence,” s/he can file for the protective order on his/her own.² Note: A minor is a person under the age of 18.³

¹ Tex. Fam. Code § 82.002(a)
² Tex. Fam. Code § 82.002(b)(1)
³ Tex. Civ. Prac. & Rem. Code § 129.001

You cannot be charged a fee for filing, serving, entering a protective order, or for getting additional certified copies of the order.¹

The court may order that the abuser pay any attorney fees (if applicable), and all other fees, charges, or expenses incurred in connection with the protective order.²

A domestic violence organization may be able to refer you to free legal services. Please go to the TX Finding a Lawyer page for information about free or low cost legal services.

¹ Tex. Fam. Code § 81.002
² Tex. Fam. Code §§ 81.003, 81.005

A temporary ex parte order is a court order designed to provide you and your family members with immediate protection from the abuser. You can get a temporary ex parte order without the abuser present in court. To get a temporary ex parte order, the judge has to believe that the abuser presents a clear and present danger of family violence to you or a family member. The judge will make this decision based upon the information you include in your application for a protective order.¹

A temporary ex parte order is required to include an expiration date and lasts for that stated period of time, usually up to 20 days. The temporary ex parte order can be extended for additional 20-day periods if you request it or if the judge decides to extend it, usually due to the fact that the respondent was not yet served.²

¹ Tex. Fam. Code § 83.001
² Tex. Fam. Code §§ 83.002; 85.026(d)

A magistrate’s order for emergency protection is issued by the criminal court after the abuser is arrested for committing family violence, sexual assault, sexual abuse, indecent assault, stalking, or trafficking.¹ This type of order is what most people call an “emergency protective order” or EPO.

The magistrate may issue an EPO if you are present in court and ask for one, but you do not have to be in the courtroom to get one.² You might also be granted an EPO if the magistrate decides to do so on their own, or upon the request of:

• your guardian;
• a police officer; or
• the state attorney or prosecutor.¹ 

Even if no one specifically requests it, the magistrate must issue an EPO if:

• the crime involved family violence that resulted in serious physical injury; or
• the abuser used or showed a deadly weapon during an assault.³

A magistrate’s order for emergency protection is usually good for 61 to 91 days. However, if the abuser was arrested for a crime that involves family violence where the abuser used or showed a deadly weapon during the assault, the order will last for 91 to 121 days.⁴

Note: The rest of the information in this Family Violence Protective Orders section refers to temporary and permanent protective orders that are issued when a victim goes to civil court - not this magistrate’s order.

¹ Texas Code of Crim. Proc. Art. 17.292(a)
² Texas Code of Crim. Proc. Art. 17.292(d)
³ Texas Code of Crim. Proc. Art. 17.292(a), (b)
⁴ Texas Code of Crim. Proc. Art. 17.292(j)

You will generally file your application in the county where you or the abuser lives or in any county where the abuse took place.¹ However, if you have an ongoing divorce case or another ongoing case that affects the parent-child relationship, you must file for the protective order in:

• the court in which that case is pending; or
• the court in the county where you live - but then you must also tell the clerk about the ongoing case.²

In many counties, the county attorney or district attorney, known as the prosecutor, will help you file for a protective order and represent you in court. If the prosecutor will not file on your behalf, you can file on your own, using the Office of Court Administration’s Standardized Protective Order Forms. The law requires anyone applying for an order to use these standardized forms, but it is possible some counties may still offer their own version of the forms that they used before the law added this requirement.³

However, if at all possible, you may want to first contact the legal advocate at your local family violence program to get information about where and how to file since the process varies by county. A legal advocate can explain your county’s process and may be able to assist you in completing the tool kit’s forms. Note: If you go to an advocate for help, the conversations that you have with the advocate will be confidential/privileged and the advocate cannot reveal what you tell him/her unless an exception applies.⁴

To find the courthouse in your area or the district attorney’s office, go to TX Courthouse Locations.

Please note that the steps listed below vary from county to county. These instructions are meant as a general guide and do not reflect county-specific procedures. As mentioned earlier, if possible, you might consider first going to your local domestic violence organization or prosecutor’s office, to find out how to get a protective order in your county.

¹ Tex. Fam. Code § 82.003
² Tex. Fam. Code § 85.062(a), (b)
³ Tex. Fam. Code §§ 82.002; 82.004; see also Tex. Code of Crim. Proc. Art. 7B.001(c) for the equivalent requirement for protective orders for sexual assault, sexual abuse, indecent assault, stalking, or trafficking
⁴ Tex. Fam. Code §§ 93.002; 93.003; 93.004

The judge may wish to ask you questions as s/he reviews your petition. If you are applying for a temporary ex parte order, a judge will decide whether there is an immediate danger that the abuser will commit family violence based on the facts included in your application. If so, you may get a temporary order that usually lasts up to 20 days. Before getting a permanent order, you need to have a full court hearing where the abuser has the opportunity to be present and both you and the abuser have an opportunity to present evidence and testimony.

For the judge to grant a permanent protective order, the judge has to believe that the abuser committed family violence against you.¹

It is very important that you attend the court hearing. If you find out you absolutely cannot attend, you can contact the court clerk immediately and ask how you can get a “continuance” for a later court date.² If you do not show up, the judge may dismiss your case and you will lose your protective order.

You do not need an attorney at the hearing; however, having an attorney can be to your advantage. it is especially important to have an attorney if you think the respondent will have one. Go to our TX Finding a Lawyer page for legal referrals. If the prosecutor files the protective order on your behalf, s/he will usually represent you in court.

Also, your local family violence program can give you more information about what to expect at the hearing, and may be able to send an advocate with you for support, and provide an attorney referral. Go to our TX Advocates and Shelters page for organizations in your area.

If the abuser does not show up for the hearing, the judge can still grant you a protective order if:

• the respondent received service of the application and notice of the hearing; and
• proof of service was filed with the court before the hearing.³

See the At the Hearing page in our Preparing for Court – By Yourself section for ways you can show the judge that you were abused.

¹ Tex. Fam. Code § 85.001(a)
² Tex. Fam. Code § 84.001
³ Tex. Fam. Code § 85.006(a)

Once you get a protection order, laws may forbid the respondent from having a gun. There are a few places where you can find this information:

1. Read the questions on this page to see if judges in Texas can remove guns as part of a temporary or final protection order.
2. Go to our  State Gun Laws section to see who can and cannot legally have guns in Texas.
3. Read our Federal Gun Laws section to learn about the federal gun laws that apply to all states.

You can learn more about keeping an abuser from having guns on the National Resource Center on Domestic Violence and Firearms’ website.

An abuser can violate a protective order by disobeying any of the restrictions in the order.

If you believe that the abuser has violated the protective order, you can immediately call 911 and the abuser can be arrested. Under Texas law, a law enforcement officer must arrest the abuser if the officer witnesses a protective order violation, and may arrest the abuser if the order is violated outside of the officer’s presence.¹ When the police arrive, it is usually a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case. Make sure a police report is filled out, even if no arrest is made. If you have legal documentation of all violations of the order, it could help you have the order extended or modified in the future.

Violation of a protective order can be a class A misdemeanor, a state jail felony, or a felony in the third degree depending on various factors.² In addition, both temporary ex parte orders and permanent protective orders state that a violation of the order can be considered “contempt of court” with a punishment of up to $500, a jail sentence of up to six months, or both. The orders also state that if a person commits an “act” that is forbidden in the order, s/he can be punished by a fine of up to $4,000, a jail sentence up to one year, or both. If the “act” committed results in family violence, the abuser can be prosecuted separately for that crime. If s/he commits a felony, s/he can be sentenced to prison for at least two years.³

For more information about contempt, including the difference between criminal contempt and civil contempt, go to our general Domestic Violence Restraining Orders page.

¹ Tex. C.C.P. Art. 14.03(a)(3), (b)
² Tex. Penal Code § 25.07(g)
³ Tex. Fam. Code § 85.026

Your protection order is automatically good throughout Texas as well as in other states, U.S. territories, and tribal lands. Federal law provides what is called “full faith and credit.” This means that once you have a criminal or civil protection order, it is valid wherever you go in the U.S.¹ 

Different states may have different rules for enforcing out-of-state protection orders. You may want to talk to a local domestic violence program in the state where you will be living for more information.

You may also call the National Center on Protection Orders and Full Faith & Credit for information on enforcing an out-of-state order. Call 1-800-903-0111, ext. 2.

Note: There are special rules about military protective orders (MPO). If you have an MPO and are moving off the installation, please see our Military Protective Orders page.

¹ 18 U.S.C. §§ 2265; 2266

Automatic extension
Your order may be automatically extended under certain circumstances, including if:

• the abuser is or was recently in jail;
• the abuser is involved in a divorce or custody case with you or someone else in your family or household; or
• the abuser is charged with certain crimes.¹

For more information about automatic extensions and which crimes might qualify, see How long does a final protective order last?

Filing to renew a current or expired order
If your current order has not expired, you may be able to renew it if the abuser violates it while it is still valid.² You can file for the renewed protective order within 30 days before the order’s expiration date. You will have to include the following information with your application:

• a copy of the current protective order; and
• a description of what the abuser did to make you reasonably fear immediate physical harm, bodily injury, assault, or sexual assault.³

If your order has already expired, you can file for a new protective order if:

• the abuser violated the order before it expired, and you didn’t already get a new family violence protective order based on that violation; or
• the abuser has done something new to reasonably place you in fear of immediate physical harm, bodily injury, assault, or sexual assault.⁴

You will need to attach a copy of the expired protective order to your new application and follow the same steps as when you originally filed for an order.

Note: If you do not have a copy of your expired order when you file your request, you can get a copy later and file it with the court, as long as you do so before the hearing date. If this is the case, make sure to write in your application that the order is unavailable, but you will file it before the hearing.⁴

¹ Tex. Fam. Code § 85.025(a-1)
² Tex. Fam. Code § 85.002
³ Tex. Fam. Code § 82.0085
⁴ Tex. Fam. Code § 82.008

Your protective order can be transferred to the court handling your divorce or custody case. This can happen if you get a protective order:

• before or during a divorce case; or
• before, during, or after a custody case.¹ 

Either you or the abuser can make this request, and the judge can also decide to do it on their own.¹ The judge cannot transfer the order, however, if that would make you or anyone else protected by the order unsafe.² If the abuser asks for the order to be transferred and you do not agree, you must file an affidavit in response that explains how the transfer would make you unsafe.³ 

It is possible for your protective order to say something different from what your divorce or custody orders say. Even if your protective order is not transferred, if the orders say different things, your protective order will be enforced instead of (take precedence over) any other order you may get in your custody or divorce case. This will be true for as long as the protective order is in effect, even if it is a temporary ex parte order. The order should include language saying this, but it is true even if the language is not there.⁴ 

¹ Tex. Fam. Code § 85.064(a), (b)
² Tex. Fam. Code § 85.064(c-4)
³ Tex. Fam. Code § 85.064(c-1), (c-3)
⁴ Tex. Fam. Code §§ 81.012; 85.026(b)

This protective order is a civil court order that is similar to a protective order for domestic violence, but it is designed specifically to protect you from someone who sexually assaulted you, committed other sexual offenses against you, stalked you, trafficked you or forced you into prostitution. You do not have to have a specific relationship to the perpetrator.¹

¹ See Texas C.C.P. Art. 7B.001(a)(1)

Stalking is defined as when on more than one occasion, and as part of a course of conduct that is directed specifically at you, the following two conditions are met:

1. the stalker commits harassment or s/he acts in a way that the stalker reasonably should know that you will regard as threatening you, your boyfriend/girlfriend, or a member of your family or household with bodily injury or death, or that an offense will be committed against your property or pet; and
2. the stalker’s behavior reasonably causes you, your boyfriend/girlfriend, or a member of your family or household to:
   • be placed in fear of:
     
     • bodily injury or death; or
     • an offense being committed against your property or pet; or
   • feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended.¹

¹ Tex. Penal Code § 42.072(a), (d)

Temporary ex parte order
At the time you file your application, the court can give you a temporary ex parte protective order for sexual assault or abuse, stalking, or trafficking that would last until your full court hearing. An ex parte order may be granted if there is a clear and present danger that one of the qualifying crimes or other harm will be committed against you. This can be done without notice to the abuser, which is what “ex parte” means. The order can protect you or any other member of your family or household.¹ Be sure to ask for an ex parte order if you need this immediate protection.

Note: If you have a military protective order based on the abuser committing sexual assault, aggravated sexual assault, or indecent assault, that is enough for the judge to find that there is a danger that you will face sexual assault, abuse, or other harm in the future and give you a temporary ex parte order.²

Protective order after a hearing
The judge will hold a hearing where both you and the abuser have the right to offer evidence, testimony, witnesses, etc. You may choose to be represented by a lawyer, especially if the abuser will have one. At this hearing, the judge will decide whether there are reasonable grounds to believe that you are the victim of any of the qualifying crimes. If the abuser was convicted of one of these crimes or was put on probation for one, that is enough of a reason on its own for the judge to grant you the protective order.³

If the judge grants a protective order after a hearing, the order can last for as long as the lifetime of the abuser and the victim, or for any shorter period specifically stated in the order. If the order does not include an end date, it will end two years after the date it was issued.⁴

For the order to last as long as the lives of the abuser and the victim, both of the following must be true:

1. the abuser was convicted of or placed on deferred adjudication community supervision for any of the qualifying crimes; and
2. the abuser is required to register for life as a sex offender.⁵

¹ Tex. Code of Crim. Proc. Art. 7B.002(a)
² Tex. Code of Crim. Proc. Art. 7B.002(b)
³ Tex. Code of Crim. Proc. Art. 7B.003(a), (c)
⁴ Tex. Code of Crim. Proc. Art. 7B.007(a)
⁵ Tex. Code of Crim. Proc. Art. 7B.007(a-1)

When you and the abuser live in different states, the judge in your state may not have legal power (personal jurisdiction) over an out-of-state abuser. This means that the judge may not be able to grant an order against him/her.

However, there are a few ways that a judge can get personal jurisdiction over an out-of-state abuser:

1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, see extended family, or for business, or the abuser lived in your state and recently fled.
2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
3. The abuser gets served with the court petition while s/he is in your state. This is another way for the court to get jurisdiction.

Even if none of the above apply to your situation, you may still be able to get an order. If you file, the abuser may agree to an order “on consent” or the judge may decide there are other reasons to grant the order.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

If the judge in your state refuses to give you an order, you can file in the courthouse in the abuser’s state. However, you will likely need to apply in person and attend multiple court dates. This could be difficult if the abuser’s state is far away.

Victims of any of the following crimes can qualify for this type of protective order:

1. trafficking (including continuous trafficking);
2. continuous sexual abuse of young child or children;
3. indecency with a child;
4. sexual assault;
5. indecent assault;
6. forced prostitution;
7. stalking; or
8. burglary, as defined in subsections (c)(2) and (d) of the law.¹

The victim and the abuser do not have to have any particular type of relationship for this type of order to be available.²

Note: If you have a military protective order based on the abuser committing sexual assault, aggravated sexual assault, or indecent assault, that is enough for the judge to find that there is a danger that you will face sexual assault, abuse, or other harm in the future and give you a temporary ex parte order.³

¹ Tex. Code of Crim. Proc. 7B.001(a)(1), (a)(2)
² Tex. Code of Crim. Proc. 7B.001(a)
³ Tex. Code of Crim. Proc. 7B.001(2)(b)

There is no cost to file for a protective order.¹

¹ Tex. Fam. Code § 81.002

An abuser can violate a protective order by disobeying any of the restrictions in the order. If you believe that the abuser has violated the protective order, you can immediately call 911 and the abuser can be arrested. When the police arrive, it is usually a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case. Make sure a police report is filled out, even if no arrest is made. If you have legal documentation of all violations of the order, it could help you have the order extended or modified in the future.

Under Texas law, a law enforcement officer must arrest the abuser if the officer witnesses a protective order violation, and may arrest the abuser if the order is violated outside of the officer’s presence.¹

Depending on various factors, a violation of a protective order can be:

• a class A misdemeanor;
• a state jail felony; or
• a felony in the third degree.²

For more information about contempt, including the difference between criminal contempt and civil contempt, go to our general Domestic Violence Restraining Orders page.

¹ Tex. C.C.P. Art. 14.03(a)(3), (b)
² Tex. Penal Code § 25.07(g)

A protection order is good anywhere in the United States as long as:

• It was issued to prevent violent or threatening acts, harassing behavior, or sexual violence, or it was issued to prevent another person from coming near you or contacting you;¹
• The judge that gave the order had power (jurisdiction) over the people and case; in other words, the judge had the authority to hear the case; and
• The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
  
  • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.²

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

¹ 18 U.S.C. § 2266(5)
² 18 U.S.C. § 2265(a), (b)

In some states, you will need a certified copy of your protection order. A certified copy says that it is a “true and correct” copy. It is signed and initialed by the clerk of court and usually has some kind of court stamp on it. 

The copy you originally got may or may not have been a certified copy. If you do not have a certified copy, call or go to the court that gave you the order. Ask the clerk’s office for a certified copy. The court may charge you a small fee to get a certified copy of an Texas protection order.

Note: It is a good idea to always have a copy of the protection order with you. Bring several copies with you when you move. Leave copies at your workplace, at your home, at your children’s school or daycare, in your car, with a trusted neighbor, and so on. Give a copy to the security guard or front desk person if there is one where you live or work. Give a copy of the protection order to anyone who is named in and protected by the order.

If your contact information is included in your protective order and is not confidential, you may file a “notification of change of contact information” form, which may be called a “change of address” form.¹ If you file this form, the court will send a copy to the respondent as well as any other person entitled to a copy of the order by law.² The clerk of court may need your new address to contact you if there is any change - for example, if the abuser asks a judge to dismiss the order or if your order is changed in any way.

However, if you do not want the abuser to know your new address, you can ask the court to keep it confidential.³ 

If your address is confidential, or you are not sure, you may want to contact the Address Confidentiality Program before filing anything with the court.

¹ Tex. Fam. Code § 87.004(a)
² Tex. Fam. Code § 87.004(b)
³ Tex. Fam. Code § 87.004(a-1)

Whether you can take your kids out of state may depend on what exactly your protection order says about custody and visitation. You may have to ask the judge for permission before you leave the state with your kids. If the abuser has the right to visit with your children, then you may have to get the order changed. You may have to convince the judge that there is a fair and realistic alternative to the current visitation schedule. To read more about custody laws, go to our Texas Custody page.

If you are unsure whether or not you can take your kids out of the state, talk to a lawyer who understands domestic violence and custody laws. You can find contact information for legal assistance in Texas on our Texas Finding a Lawyer page.

Your protection order can be enforced in Texas as long as:

• It was issued to prevent violent or threatening acts, harassing behavior, or sexual violence, or it was issued to prevent another person from coming near you or contacting you.¹
• The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
• The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story. In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.²

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

¹ 18 U.S.C. § 2266(5)
² 18 U.S.C. § 2265(a), (b)

Generally, only the state that issued your protection order can change, extend, or cancel it. To have your order changed, extended, or canceled, you will likely have to file a motion or petition in the court where the order was issued. You may be able to ask to attend the court hearing by telephone or video rather than in person so that you do not need to return to the state where the abuser lives. Find out if this is possible by calling the clerk of the court that issued your order. To learn more about changing your order, see the Restraining Orders page for the state where your order was issued. To get the information for the court that issued your order, go to Courthouse Locations and choose the state from the drop-down menu.

If your order expires while you are living in Texas, you may be able to get a new protection order in Texas. However, this may be difficult to do if no new incidents of abuse have occurred in Texas. To find out how to get a protection order in Texas, visit our Texas Restraining Orders page.

You do not have to register your protective order¹ however it might make enforcement of the order easier if you do so.  To register your protective order, you must take a certified copy to either the local Sheriff’s Department or to the Department for Public Safety office.  You may be asked to sign an affidavit stating that you believe the protective order is valid.  You should be given a certified copy of your registered order.²

If you need help registering your protection order, you can contact a local domestic violence organization in Texas for assistance.  You can find contact information for organizations in your area here on our TX Advocates and Shelters page.

¹ Tex. Fam. Code § 88.004(e)
² Tex. Fam. Code § 88.005

The federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, addresses this issue. VAWA says that the court cannot tell the abuser when you register or file your protective order in a new state unless you specifically request that the abuser be notified.¹ However, you may wish to check that the clerk is aware of this law before you register your order. You may want to be especially careful if your address is confidential.

Despite this law, it is still possible that the abuser could somehow find out where you are living. Continue to think about your safety, even if you no longer live in the same state as the abuser. Our Safety Planning page has tips to get you started or build on what you are already doing.  A local domestic violence organization can help you make a safety plan that works for you. To find organizations in your area, go to Texas Advocates and Shelters.

¹ 18 USC § 2265(d)

There is no fee for registering your protective order in Texas.¹

¹ Tex. Fam. Code § 88.005(f)