If you need to understand how protective orders work in Texas, you are likely dealing with one of the most stressful situations of your life. Whether you are trying to protect yourself and your children from a dangerous situation, or you have been served with a protective order you believe is unfair, the consequences are real. A protective order can affect where you live, whether you can see your children, whether you can own a firearm, and your ability to keep your job. It is normal to feel overwhelmed when your safety or your family is on the line.
At McCarty-Larson, PLLC, we understand how stressful and emotional these situations can be. Our team helps clients on both sides of protective order cases throughout Ellis County, Johnson County, Tarrant County, and Dallas County. Whether you need a protective order to keep your family safe or need to defend against one that was filed against you, this guide explains how protective orders work in Texas and what your rights are.
When you choose McCarty-Larson, you are choosing a legal team that will stand by you every step of the way.
What Is a Protective Order in Texas?
A protective order is a legal order a Texas court issues to prohibit one person (the respondent) from doing specific things related to another person (the applicant). The purpose is to protect victims of violence, threats, or harassment from further harm.
Under Texas Family Code Chapter 85, a protective order can require the respondent to stay away from the applicant’s home, workplace, school, and child’s school or daycare. It can prohibit all contact, including phone calls, text messages, emails, and social media messages. Courts can also grant temporary custody of children to the applicant and order the respondent to surrender all firearms.
Protective orders in Texas are civil in nature, meaning you do not need to file criminal charges to get one. However, violating a protective order is a criminal offense. That combination makes protective orders one of the most powerful legal tools available to people in dangerous situations.
How Do Protective Orders Work in Texas vs. Restraining Orders?
Many people use the terms “protective order” and “restraining order” interchangeably, but in Texas they operate very differently.
A protective order falls under the Texas Family Code or the Code of Criminal Procedure. Law enforcement can enforce it directly. If the respondent violates any condition, police can arrest them on the spot. A first violation is a Class A misdemeanor carrying up to one year in jail and a $4,000 fine. Repeat violations or violations involving weapons can result in a third degree felony charge.
A temporary restraining order (TRO) comes from a civil lawsuit, usually a divorce or custody case. Only the civil court that issued it can enforce it. If someone violates a TRO, the remedy is a contempt of court motion — not an arrest. The consequences are typically fines or modified court orders, not handcuffs.
If you are in immediate danger, a protective order provides stronger and faster protection. Law enforcement can enforce it directly without waiting for a court hearing. That is the most important practical difference between the two.
What Types of Protective Orders Exist in Texas?
Texas has several types of protective orders. Understanding which applies to your situation is the first step in knowing how protective orders work in Texas for your specific case.
Temporary Ex Parte Protective Order
A judge can issue this emergency protective order without the respondent being present. It is designed for situations where there is an immediate danger of family violence. A judge can grant it the same day you file the application if they find “clear and present danger” of family violence. It typically lasts 20 days, until a full hearing gives both sides a chance to present evidence. The court can extend it in additional 20-day periods if the respondent has not yet been served.
Final Protective Order
A final protective order follows a full hearing where both the applicant and the respondent can present evidence, call witnesses, and have attorneys represent them. If the court finds that family violence has occurred and is likely to occur again, the judge issues a final protective order. The standard duration is up to two years. However, if the respondent caused serious bodily injury or a court previously convicted them of a family violence offense, the court can issue a protective order lasting longer than two years — including a lifetime order in some cases.
Magistrate’s Order for Emergency Protection (MOEP)
A magistrate judge issues this order automatically at the time of a family violence arrest, before the accused leaves jail. Neither the accused nor the victim needs to request it. A MOEP typically lasts 61 to 91 days, depending on the offense. If the arrest involved a deadly weapon, the duration extends to 91 to 121 days, and the magistrate must issue the order even if nobody requests it. The MOEP provides immediate protection during the period right after an arrest when the risk of retaliation is highest.
Sexual Assault, Stalking, and Trafficking Protective Orders
Texas also allows protective orders for victims of sexual assault, stalking, human trafficking, and — as of September 2025 — home burglary where the burglar intended to commit a felony, theft, or assault. These fall under the Code of Criminal Procedure rather than the Family Code, and a qualifying relationship between the parties is not required.
Who Qualifies for a Protective Order in Texas?
To qualify for a family violence protective order in Texas, you must show that family violence has occurred and is likely to occur again. The following people can apply:
- A current or former spouse
- A person who shares a child with the respondent
- A person in a current or former dating relationship with the respondent
- A family member or household member of the respondent
- A parent or guardian filing on behalf of a child
- A prosecutor filing on behalf of a victim
You do not need proof of a prior police report to apply. You do not need to have already left the relationship. Undocumented individuals can apply for a protective order without fear of immigration consequences. The key requirement is showing the court that violence occurred and that the risk of future violence is real.
For sexual assault, stalking, trafficking, and home burglary protective orders, the court only needs to find reasonable grounds that you were a victim — a lower standard than the family violence requirement.
How Does the Protective Order Process Work in Texas?
Understanding the step-by-step process is central to understanding how protective orders work in Texas. Our Texas family violence lawyers can guide you through every stage of this process on either side of the case.
Step 1: File the Application
You file an application at the district clerk’s office in the county where you live or where the violence occurred. There is no filing fee for protective order applications in Texas. Bring any evidence you have — photographs, medical records, text messages, police reports, and the names of any witnesses who can testify on your behalf.
Step 2: Request a Temporary Order
If the situation is urgent, you can request a temporary ex parte protective order at the time of filing. The judge may review your application and grant temporary protection the same day without the respondent being present. This gives you immediate legal protection while the full hearing is scheduled.
Step 3: Service on the Respondent
A constable or process server formally serves the respondent with the application and a notice of the hearing date. The full hearing cannot proceed until the respondent receives proper service. If the respondent cannot be located, your attorney can explore alternative methods such as service by publication.
Step 4: The Full Hearing
Within 14 days of the temporary order — or within a reasonable time if no temporary order was issued — the court holds a full hearing. Both sides can present testimony, documents, photographs, text messages, medical records, and witness testimony. Both sides can have attorneys. The respondent has the right to challenge the order and cross-examine you.
Step 5: The Judge’s Decision
If the judge finds that family violence occurred and is likely to occur again, the court issues a final protective order specifying exactly what the respondent cannot do and how long the order lasts. If the respondent does not appear, the judge can grant the order by default.
What Happens If Someone Violates a Protective Order in Texas?
Violating a protective order in Texas triggers criminal consequences immediately — not a civil contempt process. Law enforcement officers must arrest someone if they have probable cause to believe a violation occurred. There is no warning and no second chance.
First violation: A Class A misdemeanor punishable by up to one year in jail and a $4,000 fine.
Second or subsequent violation: A third degree felony carrying two to ten years in prison and a fine up to $10,000.
Violation involving a weapon: Going to or near a prohibited place while carrying a weapon — even a legally owned one — can elevate the charge to a third degree felony on the first offense.
This is what makes protective orders in Texas so different from restraining orders. A restraining order violation requires a contempt hearing. A protective order violation results in an arrest on the spot.
How Does a Protective Order Affect Firearms in Texas?
Federal and Texas law both prohibit you from possessing a firearm while subject to a qualifying protective order. This includes guns you already own. The court can order you to surrender all firearms as part of the protective order. Violating this prohibition is a federal felony under 18 U.S.C. Section 922(g)(8) and can result in up to 10 years in federal prison.
For law enforcement officers, military personnel, and anyone in a job requiring a security clearance, this firearms restriction can end a career. If you have been served with a protective order and own firearms, contact an attorney immediately to understand your obligations.
How Do Protective Orders Work in Texas If One Is Filed Against You?
If someone has filed a protective order against you, you have the right to defend yourself at the hearing. A protective order is not just a piece of paper — it goes on your record, restricts your firearm rights, and courts can use it against you in custody and divorce proceedings. To learn more about how Texas defines the underlying family violence charges, read our post on being charged with domestic violence without physical contact in Texas.
Common defenses include:
The allegations are false or exaggerated. In some cases, someone files a protective order as a tactic in a custody dispute or divorce. Your attorney can cross-examine the applicant and present evidence that the alleged violence did not occur.
No likelihood of future violence. Even if an incident occurred, the court must find that violence is likely to happen again. If circumstances have changed — such as the parties no longer living together or having any contact — this can be a valid defense.
The applicant does not qualify. The applicant must have a qualifying relationship with you. If they do not meet the legal requirements, the court cannot issue a protective order under the Family Code.
Self-defense. If the incident involved mutual combat or you were defending yourself, your attorney can present this evidence to challenge the applicant’s version of events.
Attending the hearing is critical. If you do not show up, the judge will almost certainly grant the protective order by default and you lose your only chance to respond.
How Do Protective Orders Work in Texas Alongside Divorce and Custody Cases?
Protective orders and family law cases frequently intersect. A protective order can be requested as part of a divorce or Suit Affecting the Parent-Child Relationship (SAPCR). If an active protective order exists when a custody case is filed, the court must consider it when making decisions about conservatorship and visitation. A protective order issued within two years before the suit can be used as evidence of family violence in custody proceedings.
If the Tarrant County District Attorney’s Office is handling your protective order case and you also have a divorce or SAPCR pending, they may refer you to a private attorney who can handle both matters together. McCarty-Larson handles exactly this type of combined case across Ellis County, Johnson County, Tarrant County, and Dallas County.
How McCarty-Larson Can Help With Protective Orders in Texas
If you are dealing with a protective order in Texas, attorneys Robin McCarty and Bria Larson have the experience and knowledge to help you navigate this challenging time. With over 50 years of combined experience and backgrounds as former prosecutors and law enforcement, the team at McCarty-Larson, PLLC understands how Texas courts handle protective order cases on both sides — and how to get the best possible outcome for you.
- We help applicants file protective order applications and present evidence at hearings
- We represent respondents who need to challenge unfair or false protective orders
- We handle emergency ex parte applications when you need immediate protection
- We advise on firearms compliance and other conditions of protective orders
- We connect protective order cases to related family law and criminal defense matters
- We serve clients across Ellis County, Johnson County, Tarrant County, and Dallas County
Do not wait to get the legal support you need. Contact McCarty-Larson, PLLC today at (972) 775-2100 for a free, confidential consultation. Our Texas family violence attorneys are ready to stand by you every step of the way.
Frequently Asked Questions About How Protective Orders Work in Texas
A final protective order lasts up to two years. In cases involving serious bodily injury, a prior family violence conviction, or two or more prior protective orders against the same respondent, the court can issue an order lasting longer than two years — including a lifetime order. Temporary ex parte orders typically last 20 days until a full hearing. If the respondent was in prison when the order was set to expire, the order automatically extends based on their release date.
The applicant can request that the court dismiss the protective order, but the judge is not required to grant the request. In cases where a prosecutor filed the order, the victim may not have the authority to dismiss it at all. The respondent can also file a motion to modify or dissolve the order if circumstances have changed significantly since it was issued.
Yes. Protective orders in Texas appear in court records and show up on background checks. While they are civil orders, their presence can affect employment applications, housing approvals, professional licensing, and child custody proceedings. A violation of the order — which is a criminal offense — will appear as a criminal record entry.
No. Under both federal and Texas law, you cannot possess firearms while subject to a qualifying protective order. This includes guns you already own. Violating this restriction is a federal felony under 18 U.S.C. Section 922(g)(8) and can result in up to 10 years in federal prison. The court can order you to surrender all firearms as part of the protective order itself.
A no-contact order is typically a bond condition a judge sets after a criminal arrest. It applies only while the criminal case is pending and ends when the case resolves. A protective order in Texas is a separate civil order that you can obtain independently of any criminal case, and it can last up to two years or longer. Both prohibit contact, but they come from different legal proceedings and have different enforcement mechanisms.
You can file for a protective order without a lawyer, and there is no filing fee. However, the respondent has the right to challenge the order at the hearing and many respondents bring attorneys. If you are applying for a protective order in connection with a divorce, custody case, or criminal matter, having your own attorney ensures someone is protecting your specific interests throughout the process — not just the procedural outcome.