Restraining Orders

A final protective order is required to include an expiration date, and it generally lasts up to two years. If there is no time period written on the order, then it expires on the second anniversary of the date the order was issued.¹ However, the judge may issue an order for longer than two years if:

• the abuser committed an act that would be considered a felony offense involving family violence against you or a member of your family or household, even if the abuser was never charged with or convicted of the offense;
• the abuser caused serious bodily injury to you or a member of your family or household; or
• the same petitioner, you or your child, had two or more protective orders issued against the abuser in the past, and in each of those prior cases, the judge determined that the abuser committed family violence.²

There are other situations that can also change how long an order may last. If the abuser is in jail or prison when the order is set to expire or was released from jail/prison within one year before the order’s expiration date, the order will automatically be extended as follows:

• If the abuser was sentenced to more than five years of incarceration, the order will expire on the first anniversary of the date they are released from imprisonment.
• If the abuser was sentenced to five years or less of incarceration, the order will expire on the second anniversary of the date they are released from imprisonment.⁴

In either case, you may be able to request a new order from the court showing the extended expiration date. This may make it easier for the police to enforce the order if it is violated after the expiration date written on the original order. The Department of Public Safety is also required to update its online system to reflect the updated expiration date so that law enforcement can more easily get that information.⁵ 

The order will also continue for two years after any of the following events:

• the date when a judge signs a divorce decree, if the abuser is involved in a divorce case with you or a member of your family or household;⁶
• the date when a judge signs a final custody order, if the abuser is involved in a custody case with you or a member of your family or household;⁷ or
• the date when a criminal case is completed, if the abuser is charged with:
  
  • a criminal offense involving family violence under Title 5 of the Penal Code; or
  • continuous violence against the family.⁸

¹ Tex. Fam. Code §§ 85.025(a); 85.026(d)
² Tex. Fam. Code § 85.025(a-1)
³ Tex. Fam. Code § 85.025(b), (b-1), (b-2)
⁴ Tex. Fam. Code § 85.025(c)
⁵ Tex. Fam. Code § 85.025(d)
⁶ Tex. Fam. Code § 85.025(a-2)
⁷ Tex. Fam. Code § 85.025(a-3)
⁸ Tex. Fam. Code § 85.025(a-4)