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Legal Information: Texas

Restraining Orders

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Laws current as of July 28, 2023

What is a temporary ex parte order? How long does it last?

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)