Lifetime Protective Order Texas — When and How They're Issued

When lifetime orders apply

Texas Family Code §85.025(a)(2)-(3):

• (a)(2)(A). Serious bodily injury inflicted on applicant or member of applicant's family or household
• (a)(2)(B). Sexual assault committed against applicant or family/household member
• (a)(3). Two or more prior protective orders against respondent with findings of family violence committed against applicant or family/household member
• Conviction for family violence offense involving applicant. Texas Family Code §85.025(b-1)
• Texas CCP Chapter 7B stalking orders. Can be lifetime
• Texas CCP Chapter 7A sexual assault protective orders. Can be lifetime

"Serious bodily injury" defined

Texas Penal Code §1.07(a)(46):

• Bodily injury that creates substantial risk of death
• Causes death
• Causes serious permanent disfigurement
• Causes protracted loss or impairment of function of any bodily member or organ

Standard interpretation:

• Beyond ordinary bodily injury
• Substantial physical consequences
• Medical documentation typically required
• Strangulation often qualifies
• Sexual assault inherently qualifies
• Severe beatings producing major injuries
• Use of weapons producing injury

Hearing requirements

• Higher standard than standard PO. Substantial evidence of qualifying circumstances
• Medical records for serious bodily injury
• Sexual assault evidence. When that basis
• Prior protective orders with findings
• Criminal conviction records
• Full hearing with both parties. Substantial procedural due process
• Court findings required
• Lifetime designation explicit in order

Implications for respondent

• Permanent restrictions on conduct toward protected person
• Permanent federal firearm prohibition. 18 USC §922(g)(8)
• Permanent Texas firearm prohibition
• Permanent criminal violation exposure under §25.07
• Permanent background check disclosure
• Substantial employment effects
• Professional licensing implications
• Immigration consequences potentially permanent
• Custody implications continuing
• Federal employment substantially restricted
• Travel restrictions in some contexts

Modification and termination

Texas Family Code §85.024:

• Modification possible. Even for lifetime orders
• Standard. Change in circumstances; continued protection no longer necessary
• Very rare for lifetime orders. Underlying severity makes change unlikely
• Death of respondent or protected person terminates order
• Court hearing required for modification
• Burden on moving party to show changed circumstances
• Substantial showing required