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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:
- Read the questions on this page to see if judges in Texas can remove guns as part of a temporary or final protection order.
- Go to our State Gun Laws section to see who can and cannot legally have guns in Texas.
- 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.
What should I do when I leave the courthouse?
Here are some things that you may want to consider when you leave the courthouse. You will have to evaluate each one and decide if it is safe and appropriate for you to do.
- Review the order before you leave the courthouse. If you see any errors, ask the clerk how to correct them.
- Make several copies of the protection order as soon as possible.
- Keep a copy of the protection order with you at all times.
- 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.
- If you have a security guard or front desk person where you live or work, give him/her a copy of the order and a photo of the abuser.
- Give a copy of the order to anyone who is named in and protected by the order.
- You may want to change your locks and phone number.
You may also want to make a safety plan. People can do things to increase their safety during violent incidents; when preparing to leave an abusive relationship; and when they are at home, work, and school. Many abusers obey protective orders, but some do not. So, it is important to build on the things you have already been doing to keep yourself safe. Go to our Safety Planning page for suggestions.
What can I do if the abuser violates the order?
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
I was not granted a family violence protective order. What are my options?
If you applied for an order but the judge did not grant it, there are still some things you can do to stay safe. It might be a good idea to contact one of the domestic violence resource centers in your area to get help, support, and advice on how to stay safe. They can help you develop a safety plan and help connect you with the resources you need. For safety planning help, ideas, and information, go to our Safety Planning page. You will find a list of resources on our TX Advocates and Shelters page.
You can also reapply for a protective order if a new incident of domestic abuse occurs after you are denied the order.
If you believe the judge made an error of law, you can talk to a lawyer about the possibility of an appeal. Generally, appeals are complicated and you will most likely need the help of a lawyer. Also, there is a limited amount of time to file an appeal after the judge denies you the protective order, so please talk to a lawyer immediately if you want to explore this option. See our File an Appeal page for more information, and go to TX Finding a Lawyer for legal referrals.
What happens if I move? Is my order still effective?
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
How can I modify (change) my protective order?
If you want to change the order to add a specific protection to it or to take something out of the order, you can file to modify the order. The abuser can also file to modify the order. The judge would hold a hearing to decide what changes to make.1 You will have to go back to the court where you originally filed your application and tell the clerk you want to change your order. You will find links to online forms that you may need at our TX Download Court Forms page. Also, you can update any information listed on the order such as your address, telephone number, place of employment, or the child-care facility or school of a child protected by the order if any of this changes after you get the order.2
1 Tex. Fam. Code § 87.001
2 Tex. Fam. Code § 87.004(a)
Can I extend or renew my protective order? What if the order already expired?
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
Can the abuser try to end my order early?
The abuser can file a motion to try to end your order after at least one year has passed. The judge will then hold a hearing to decide whether there is a “continuing need” for the order.1
The judge will decide if there is a continuing need for the order. If so, it will remain in effect and keep the same expiration date as before. If the judge believes that the order is no longer needed, they must tell you the new expiration date.
The fact that the abuser has been following the order cannot be used as evidence that it is not necessary.2
If your order lasts longer than two years and the abuser’s first motion is unsuccessful, they can file one more motion making the same request. However, they must wait at least one year after their first motion is denied.3
1 Tex. Fam. Code § 85.025(b)
2 Tex. Fam. Code § 85.025(b-2)
3 Tex. Fam. Code § 85.025(b-1)
What happens to my protective order if there’s also a divorce or custody case with the abuser?
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)
If I get a protection order, will it show up in an internet search?
According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:
- the petition you file;
- any protection order, restraining order, or injunction you get; and
- the registration of your order in a different state.1
1 18 USC § 2265(d)(3)
