Protective orders and restraining orders play a major role in Texas family law and civil litigation. They are designed to prevent harassment, threats, and family violence—but they are also frequently misunderstood and misused.
If you are facing a request for a protective order, seeking protection, or dealing with divorce or custody issues involving allegations of abuse, it is critical to understand how Texas law treats these cases.
This article explains how Texas protective orders and restraining orders work, what the law requires, and how they can affect your rights.
What Is a Protective Order in Texas?
A protective order is a court order that restricts a person from engaging in certain conduct, usually involving:
- Family violence
- Dating violence
- Sexual assault
- Stalking
- Harassment
Protective orders are governed primarily by the Texas Family Code.
Under Texas law:
“A court shall render a protective order if the court finds that family violence has occurred and is likely to occur in the future.”
Tex. Fam. Code § 85.001
This means a judge must find:
- Past family violence, and
- A likelihood of future violence.
Without both findings, a long-term protective order should not be granted.
Who Can Request a Protective Order?
Under Texas Family Code § 82.002, the following people may file for a protective order:
- A victim of family or dating violence
- A parent or guardian of a victim
- A prosecutor
- The Department of Family and Protective Services
Protective orders commonly arise in:
- Divorce cases
- Child custody disputes
- Breakups involving domestic conflict
- Dating relationships
- Former spouses
Types of Protective Orders in Texas
Texas law recognizes several types of protective orders.
1. Temporary Ex Parte Protective Orders
A judge may issue a temporary protective order without notifying the other party first.
Under Texas Family Code § 83.001:
The court may issue a temporary ex parte order if there is a clear and present danger of family violence.
These orders can restrict contact immediately and usually last up to 20 days.
They are based solely on the applicant’s sworn statements—no hearing is required at first.
2. Final Protective Orders
A final protective order requires a full court hearing.
Under Texas Family Code § 84.001:
The court shall set a hearing on the application for a protective order.
At this hearing:
- Both sides may present evidence
- Witnesses may testify
- Cross-examination is allowed
If granted, a final protective order may last:
- Up to 2 years (standard), or
- Longer in serious cases under § 85.025
3. Magistrate’s Emergency Protective Orders (MEPO)
When someone is arrested for family violence, a judge may issue an emergency protective order.
These are governed by Code of Criminal Procedure Art. 17.292 and can be issued automatically after arrest.
They often prohibit:
- Contact with the alleged victim
- Returning to the residence
- Firearm possession
What Is a Restraining Order in Texas?
A restraining order is different from a protective order.
Restraining orders are usually issued in civil cases, especially divorces.
They are governed by the Texas Rules of Civil Procedureand equity powers of the court.
In divorce cases, restraining orders often prevent:
- Selling property
- Draining bank accounts
- Harassing the other spouse
- Removing children
They are not criminal orders, but violating them can still result in contempt.
What Can a Texas Protective Order Prohibit?
Under Texas Family Code § 85.022, a protective order may prohibit a person from:
- Communicating with the protected person
- Going near their home, work, or school
- Possessing firearms
- Committing further violence
- Contacting family members
It may also require:
- Counseling
- Batterer intervention programs
- Payment of fees and costs
Criminal Consequences for Violating a Protective Order
Violating a protective order is a criminal offense.
Under Texas Penal Code § 25.07:
A person commits an offense if the person knowingly violates a protective order.
Penalties may include:
- Class A misdemeanor
- State jail felony for repeat offenses
- Possible prison time
Even accidental contact can lead to arrest if it violates the order’s terms.
How Protective Orders Affect Divorce and Custody Cases
Protective orders can dramatically impact family law cases.
Custody Impact
Under Texas Family Code § 153.004, courts must consider family violence in custody decisions.
A history of violence may:
- Prevent joint managing conservatorship
- Limit visitation
- Require supervised access
- Affect parental rights
Property and Divorce Impact
Protective orders may also:
- Remove a spouse from the marital home
- Restrict access to finances
- Influence temporary orders
- Affect spousal maintenance
False or exaggerated allegations can permanently alter a case.
Can Protective Orders Be Contested?
Yes. A person accused has the right to contest a protective order.
At the hearing, they may:
- Cross-examine witnesses
- Present evidence
- Offer text messages, emails, recordings
- Introduce police reports
- Call third-party witnesses
The applicant bears the burden of proof.
Courts must follow due process before issuing long-term orders.
Expunction and Records Issues
Protective orders are public records and often appear in background checks.
Even dismissed cases may remain visible.
In some situations, record-clearing options may be available depending on how the case resolved.
Why Legal Representation Matters in Protective Order Cases
Protective order proceedings move fast.
You may have only days to prepare for a hearing that affects:
- Your freedom
- Your gun rights
- Your custody rights
- Your housing
- Your career
Unlike many civil matters, mistakes in these cases can create criminal exposure.
Proper representation can mean the difference between dismissal and long-term restrictions.
When Should You Contact a Texas Attorney?
You should speak with a lawyer immediately if:
- You are served with a protective order application
- A temporary order has been issued
- A divorce involves abuse allegations
- You were arrested for family violence
- You need protection from a partner
Early action often determines the outcome.
Final Thoughts
Protective orders serve an important purpose in preventing real violence. However, they are also powerful legal tools that can be misused in emotionally charged disputes.
Texas law requires evidence, fairness, and due process. Understanding your rights—and acting quickly—can protect your future.
If you are facing a protective order or considering filing one, consult a qualified Texas attorney to ensure your interests are protected.
At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.
