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How do I get a restraining order in Texas?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

Texas distinguishes between civil protective orders (Family Code) and criminal-court emergency orders.

1. Types of Protective Orders

  • Family Violence Protective Order — Tex. Fam. Code Chs. 81-87.
  • Magistrate's Order for Emergency Protection (MOEP) — Code Crim. Proc. art. 17.292, entered at arraignment after a family violence arrest.
  • Protective Order for Victims of Sexual Assault, Stalking, Trafficking — Code Crim. Proc. Ch. 7B (no relationship required).
  • Workplace — handled through TRO under Tex. R. Civ. P. 680 plus injunctive relief.

    • 2. Eligibility

    Family violence order requires a "family or household member" relationship (Fam. Code § 71.003-.0021): spouse, dating partner, blood/marriage relative, co-parent, foster, or cohabitant. Ch. 7B requires no relationship.

    3. Filing

    File in district or county court at law in the county where applicant or respondent lives. No filing fee for family violence applicants (Fam. Code § 81.002); county or district attorney may file on victim's behalf.

    4. Emergency / Ex Parte (TPO)

    Under Fam. Code § 83.001, the court may issue a Temporary Ex Parte Order on a showing of "clear and present danger of family violence." Lasts up to 20 days, extendable.

    5. Full Hearing

    Hearing within 14 days of application (Fam. Code § 84.001). Standard: preponderance the respondent committed family violence and is likely to commit it again. Evidence: testimony, texts, 911 calls, photos.

    6. Permanent Order Duration

    Up to 2 years under Fam. Code § 85.025; longer (or lifetime) if serious bodily injury, prior orders, or felony family violence.

    7. Enforcement

    Violation is a Class A misdemeanor under Pen. Code § 25.07; third violation or violation with assault is a third-degree felony. Texas is a mandatory-arrest state for protective order violations. Firearm prohibition under 18 U.S.C. § 922(g)(8).

    8. Modification / Termination

    Motion to modify under Fam. Code § 87.001; respondent may not move to terminate before first anniversary.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Respondent has retained counsel and contests the order
    • Order will affect a SAPCR (custody) case
    • Respondent is CHL/LTC holder facing surrender
    Related Statutes & Laws
    • Tex. Fam. Code Chs. 71-87
    • Tex. Code Crim. Proc. art. 17.292
    • Tex. Code Crim. Proc. Ch. 7B
    • Tex. Pen. Code § 25.07
    • 18 U.S.C. § 922(g)(8)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.