The law authorizes several types of protective orders to help safeguard individuals from family violence, dating violence, stalking, sexual assault, and human trafficking. Depending on the circumstances, a court may issue a Magistrate’s Order for Emergency Protection following an arrest, a temporary ex parte protective order before a full hearing, or a final order after notice and an evidentiary hearing. Protective orders differ from restraining orders in both purpose and enforcement, and violating an order may result in criminal penalties.
Because each type of order serves a different legal purpose, understanding when it applies, how long it remains effective, and what restrictions it may impose is essential. Texas Criminal Defense Attorneys explain the principal types of orders, their statutory duration, and the legal consequences of violating them.
The orders are primarily governed by:
Family Code, Title 4
Title 4 establishes the procedures for obtaining civil protective orders designed to prevent future acts of violence or abuse involving qualifying relationships or offenses.
Family Code, Chapter 85
Chapter 85 governs the issuance and contents of final protective orders, including their duration, prohibited conduct, and available relief.
Code of Criminal Procedure Article 17.292
Article 17.292 authorizes a Magistrate’s Order for Emergency Protection in qualifying criminal cases immediately following an arrest.
Types of Protective Orders
Magistrate’s Order for Emergency Protection (MOEP)
A MOEP provides immediate protection following the arrest of a defendant for certain qualifying offenses. Unlike a civil order, an MOEP is issued by the criminal court and does not require the victim to file a separate civil petition.
Article 17.292 authorizes a magistrate to issue an MOEP following arrests involving offenses such as domestic violence, stalking, sexual assault, or human trafficking. In specified circumstances, including certain cases involving the use of a deadly weapon, the magistrate must issue the order. An MOEP generally remains effective for 31–91 days, depending upon the circumstances prescribed by statute.
Know more – Protective Orders in Texas Domestic Violence Cases: Restrictions, Duration, and Legal Consequences
Temporary Ex Parte Protective Order
This order may be issued before the respondent receives notice or appears in court if the applicant demonstrates a clear and present danger of family violence or another qualifying basis recognized by statute. Its purpose is to provide immediate protection until the court conducts a full hearing. The order generally remains effective for up to 20 days, although the court may extend its duration as permitted by law until the final hearing.
Final Protective Order
A final order may be issued only after the respondent has received notice and both parties have had an opportunity to appear at a hearing. Before granting relief, the court must make the findings required by the applicable statute. In family violence proceedings, for example, the court generally must determine that domestic violence has occurred and is likely to occur in the future unless another statutory basis applies.
Who May Seek a Protective Order?
An applicant is the person requesting court protection. Depending on the circumstances, an application may also be filed by a prosecutor, parent, guardian, or another person authorized by statute. The individual against whom protection is requested is known as the Respondent. Orders may be sought in cases involving:
- Family Violence
- Dating Violence
- Stalking
- Sexual Assault
- Human Trafficking
How Long Does a Protective Order Last?
The duration of an order depends on the type of order issued.
|
Type of Order |
Typical Duration |
|---|---|
|
Magistrate’s Order for Emergency Protection (MOEP) |
31–91 days |
|
Temporary Ex Parte Protective Order |
Up to 20 days (subject to extension) |
|
Final Protective Order |
Up to 2 years |
|
Extended Protective Orders |
Longer than 2 years when authorized by statute |
|
Permanent Protective Orders |
Available only in limited statutory circumstances |
Protective Orders Lasting Longer Than Two Years
Although most final orders expire within two years, Texas Family Code Chapter 85 authorizes longer durations in specified statutory circumstances, including certain cases involving serious bodily injury, repeated domestic violence, the use of a deadly weapon, or other qualifying findings made by the court.
Permanent Protective Orders
The law generally does not treat orders as permanent. However, certain statutes authorize orders that extend indefinitely or have no stated expiration date when specific statutory requirements are satisfied.
Relief Available in a Protective Order
An order may impose numerous legally enforceable restrictions upon the respondent.
Prohibited Conduct
The court may prohibit conduct such as:
- Committing domestic violence
- Threatening protected persons
- Harassing or stalking
- Contacting protected individuals
- Going near specified residences, workplaces, schools, or childcare facilities
- Damaging property
No-Contact Order
Many orders include a no-contact order, prohibiting direct or indirect communication through telephone calls, text messages, email, social media, or third parties unless the court expressly authorizes limited contact.
Exclusion (“Kick-Out”) Order
When statutory requirements are satisfied, the court may issue an Exclusion (“Kick-Out”) Order, requiring the respondent to vacate a shared residence.
Firearm Prohibition and Firearm Surrender
Qualifying orders may trigger firearm restrictions under both Texas and federal law. Depending on the circumstances, a respondent may be prohibited from possessing or acquiring firearms, and the court may require surrender of firearms where authorized by applicable law.
Violation of a Protective Order
Violating an order constitutes a criminal offense under the law. Common violations include:
- Contacting the protected person
- Entering prohibited locations
- Possessing firearms in violation of the order
- Committing additional acts of domestic violence
Arrest Without a Warrant
The law authorizes a peace officer to make an arrest without a warrant when the statutory requirements are satisfied, and the officer has probable cause to believe the respondent violated an order.
Protective Order vs. Restraining Order
Although the terms are frequently confused, they serve different legal purposes.
|
Protective Order |
Restraining Order |
|---|---|
|
Issued primarily to prevent family violence, dating violence, stalking, sexual assault, or human trafficking |
Generally issued during civil or family law litigation |
|
Governed primarily by Family Code Title 4 |
Commonly issued under civil or family law procedural authority |
|
Violations may result in criminal prosecution |
Violations are generally enforced through civil contempt proceedings |
|
May include firearm restrictions |
Typically does not impose firearm prohibitions |
|
Protects personal safety |
Preserves rights or property during litigation |
Get Answers to Your Questions
Whether you are seeking protection from domestic violence or responding to a protective order petition, the outcome can have lasting legal and personal consequences. The orders may affect where you can live, who you may contact, your firearm rights, child custody arrangements, and even future criminal proceedings. Understanding your rights and obligations under the law is essential before making decisions or appearing in court.
We represent you in matters involving protective orders, family violence allegations, criminal defense, and related family law disputes. We evaluate your circumstances, explain the applicable legal standards, and help you pursue the legal protections or defense strategies appropriate to your case. If you need legal guidance regarding an order, contact Texas Criminal Defense Attorneys today at (346) 485-4545 to schedule a confidential consultation and discuss your legal options with an experienced protective order lawyer.
Frequently Asked Questions
Can a protective order be dismissed before it expires?
In some circumstances, yes. A respondent may ask the court to modify or terminate certain orders when permitted by law, but the court is not required to grant the request. The judge will consider the applicable statutory requirements, the evidence presented, and whether dismissal would continue to protect the applicant’s safety.
Does a protective order appear on a background check?
An order may appear in court records or law enforcement databases, depending on the type of background check being conducted. Whether it appears in a private employment screening can vary based on the reporting agency, the records searched, and applicable federal and state laws.
Can a protective order affect child custody or visitation?
Yes. An order may include temporary provisions regarding possession of or access to a child when authorized by law. Additionally, findings related to domestic violence may influence future custody or visitation decisions made in separate family court proceedings.
Can a protective order be enforced outside of Texas?
Generally, yes. Under federal law, qualifying protective orders issued by a Texas court are generally entitled to full faith and credit in other U.S. states, territories, and tribal jurisdictions if the statutory requirements are satisfied.
What standard of proof applies at a protective order hearing?
Protective order proceedings are civil matters. The court generally applies the preponderance of the evidence standard unless a different standard is required by a specific statute. This differs from the beyond a reasonable doubt standard used in criminal prosecutions.
