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Legal Information: Texas

Restraining Orders

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November 5, 2020

What protections can I get in a protective order for sexual assault, sexual abuse, indecent assault, stalking, or trafficking?

A judge can order the offender to:

  • stop doing anything that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass you, your family, or any member of your household;
  • stop communicating directly or indirectly (through another person) with you, your family or your household member in a harassing manner;
  • stay away from your and your family/household members’ home, school, child care facility, workplace or business;
  • turn over any firearms in his/her possession to law enforcement (unless the person is a peace officer actively engaged in employment as a sworn, full-time paid employee of a state agency) and the judge can suspend his/her license to carry a concealed handgun; and/or
  • take other actions that the judge decides are necessary to reduce the likelihood of future harm to you or your family/household.1

Note: Even if the order doesn’t specifically say that the abuser has to turn over his/her firearms, possession of a firearm by a non-police officer respondent is illegal under Texas state law and federal law. Please see TX State Gun Laws and Federal Gun Laws for more information.

1 Tex. C.C.P. Art. 7A.05(a)