Protective Orders and Enforcement Actions

There are three types of family-violence protective orders that can be granted under the Family Code and the Texas Code of Criminal Procedure.  1. a temporary ex parte protective order, 2. a final protective order, and 3. a magistrate's order for emergency protection.   

A Temporary ex parte Protective Order is granted without notice to the alleged perpetrator upon presentation of an application by the party seeking protection or the State with an affidavit setting forth "a clear and present danger of family violence."  These can last up to twenty days and be extended by order of the court until such time as a hearing can take place on the underlying application for a Final Protective Order.  Temporary Ex Parte Protective orders expire by operation of law, are dismissed by the state or the applicant, or upon hearing they an be replaced with a Final Protective Order.  A court can also deny the relief requested in the application and refuse to make a Final Protective Order.

A Final Protective Order requires that the court find that family violence has occurred and is likely to occur in the future.  Notice and hearing are required.  If granted a Final Protective Order lasts two years, unless another period is specified.  Felony offenses, serious injuries, and prior protective orders are factors than can extend the duration of a Final Protective Order. 

A Magistrate's Order for Emergency Protection is issued pursuant to the Texas Code of Criminal Procedure after a person has been arrested for family violence, and certain other offenses including trafficking, sexual assault, indecent assault, and stalking. These orders do not require a family relationship or a current or prior dating relationship. They are stop-gap measures that allow the victim time to pursue more permanent remedies.  They are enforceable both civilly and criminally, including by arrest and confinement, as are the two others above. 

QUESTION:  What is the difference between a Restraining Order and a Protective Order in Texas?

ANSWER:  A restraining order prohibits conduct not necessarily involving violence and is generally only enforceable civilly.  A Protective Order is issued to deter and punish violence and is also enforceable criminally.  Violation of a protective order, for example, is an immediately arrestable offense.