Restraining Orders

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)