Restraining Orders

Temporary ex parte order
At the time you file your application, the court can give you a temporary ex parte protective order for sexual assault or abuse, stalking, or trafficking that would last until your full court hearing. An ex parte order may be granted if there is a clear and present danger that one of the qualifying crimes or other harm will be committed against you. This can be done without notice to the abuser, which is what “ex parte” means. The order can protect you or any other member of your family or household.¹ Be sure to ask for an ex parte order if you need this immediate protection.

Note: If you have a military protective order based on the abuser committing sexual assault, aggravated sexual assault, or indecent assault, that is enough for the judge to find that there is a danger that you will face sexual assault, abuse, or other harm in the future and give you a temporary ex parte order.²

Protective order after a hearing
The judge will hold a hearing where both you and the abuser have the right to offer evidence, testimony, witnesses, etc. You may choose to be represented by a lawyer, especially if the abuser will have one. At this hearing, the judge will decide whether there are reasonable grounds to believe that you are the victim of any of the qualifying crimes. If the abuser was convicted of one of these crimes or was put on probation for one, that is enough of a reason on its own for the judge to grant you the protective order.³

If the judge grants a protective order after a hearing, the order can last for as long as the lifetime of the abuser and the victim, or for any shorter period specifically stated in the order. If the order does not include an end date, it will end two years after the date it was issued.⁴

For the order to last as long as the lives of the abuser and the victim, both of the following must be true:

1. the abuser was convicted of or placed on deferred adjudication community supervision for any of the qualifying crimes; and
2. the abuser is required to register for life as a sex offender.⁵

¹ Tex. Code of Crim. Proc. Art. 7B.002(a)
² Tex. Code of Crim. Proc. Art. 7B.002(b)
³ Tex. Code of Crim. Proc. Art. 7B.003(a), (c)
⁴ Tex. Code of Crim. Proc. Art. 7B.007(a)
⁵ Tex. Code of Crim. Proc. Art. 7B.007(a-1)