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EspañolWhat types of protective orders are available?
In Texas, there are three types of orders of protection based on family violence:
- Temporary ex parte protective order;
- Final (permanent) protective order; and
- Magistrate’s order of emergency protection (what most people call an emergency protective order).
The first two orders are issued by the civil court upon your application. The abuser does not have to be arrested for you to get one of these orders. The third order is issued by the criminal court after the abuser is arrested. Each order is explained in more detail in the following questions.
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)
How long does a final protective order last?
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)
What is a magistrate's order for emergency protection? How long does it last?
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)
