Protective Orders

Family violence, temporary ex parte orders, hearings, and how they interact with a divorce.

Sections

Getting a protective order

1. Getting a protective order

Learning objectives

Identify who may apply and on what grounds.
Explain the temporary ex parte order and hearing timing.
Recall the usual maximum duration.

A person may apply for a protective order if family violence occurred and is likely to occur again (Tex. Fam. Code § 81.001, Tex. Fam. Code § 71.004). Separate protective orders are available for victims of stalking, sexual assault, and trafficking (Tex. Code Crim. Proc. ch. 7B). In family violence cases, the applicant can file in the county where they live or where the respondent lives (Tex. Fam. Code § 82.003). Filing fees may not be charged to the applicant (Tex. Fam. Code § 81.002).

If the application shows a clear and present danger, the judge can sign a temporary ex parte order without notice to the respondent, effective for up to 20 days (Tex. Fam. Code § 83.002). The hearing is generally set within 14 days after the application is filed (Tex. Fam. Code § 84.001). A final protective order generally lasts up to two years, and longer in certain serious cases (Tex. Fam. Code § 85.025). Use the Texas Supreme Court–approved protective order kit on TexasLawHelp.org.

Many local rules exempt protective orders from the usual advance notice for ex parte relief, so it does not apply to protective-order applications under Title 4. Standing orders usually say that if the standing order conflicts with a protective order, the protective order controls.

If you are in danger, call 911. National Domestic Violence Hotline: 800-799-7233. Texas Advocacy Project: 800-374-4673. Text START to 88788. Your browser history may be visible to others. Use the Quick exit button at the top of every page.

Local help: in many counties the district or county attorney's office helps eligible applicants seek protective orders for free. Call their victim assistance line, or find a local shelter through the National DV Hotline (800-799-7233).

Practice questions

Practice 1. Tara applies for a protective order after her ex-partner assaulted her last night. Must she give him two hours' notice before asking the judge for a temporary ex parte order?

Practice 2. How long can a temporary ex parte protective order last?

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