Restraining Order in Texas — Complete 2026 Guide
Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Table of Contents
Types of Texas restraining/protective orders
| Type | Source | Duration | Issuance Standard |
|---|---|---|---|
| Temporary Restraining Order (TRO) | Civil court — Rule 680 TRCP | 14 days typically | Verified pleading; ex parte allowed |
| Emergency Protective Order (EPO) | Criminal Code Art. 17.292 | 31-91 days | Family violence arrest |
| Final Protective Order | Family Code Chapter 85 | Up to 2 years (sometimes longer) | Family violence finding; hearing |
| Magistrate's Order of Emergency Protection | Criminal Code Art. 17.292 | 31-91 days | Family violence arrest; issued at arraignment |
| Stalking Protective Order | CCP Chapter 7B | Up to lifetime | Stalking findings |
| Sexual Assault Protective Order | CCP Chapter 7A | Up to lifetime | Sexual assault findings |
| Civil Harassment Order | Civil court | Varies | Civil harassment findings |
Most common path: family violence protective order
Texas Family Code Chapter 85 protective orders for family violence:
- Application filing. Sworn application alleging family violence
- Temporary ex parte order. Same-day in many cases when "clear and present danger"
- 20-day temporary protection. Until hearing
- Service on respondent. Notification of hearing
- Full hearing. Both parties present evidence
- Court findings. Family violence occurred AND likely to occur in future
- Final protective order. Up to 2 years (longer in some circumstances)
- Enforcement. Penal Code §25.07 violations = criminal offense
What protective orders typically restrict
- Direct contact prohibition. No communication of any kind
- Indirect contact prohibition. Through third parties, social media
- Geographic restrictions. Cannot come within specified distance of protected person
- Residence exclusion. Cannot enter protected person's residence
- Workplace restrictions. Cannot come near workplace
- School restrictions. When children involved
- Family violence prohibitions
- Firearm surrender. Texas Family Code §85.022(d) + Federal 18 USC §922(g)(8)
- Stalking and harassment prohibitions
- Vehicle and property restrictions sometimes
Costs and access
- Family violence protective orders. Free for applicants (Texas Family Code §81.001)
- District attorney prosecutes
- Texas Council on Family Violence resources. Domestic violence advocacy
- Private attorney. Sometimes for respondents
- Filing fees. Waived for family violence applicants
- Service fees. Typically waived for family violence cases
- Respondent costs. Defense attorney fees substantial if contested
Constitutional and practical considerations
- Due process requirements. Notice and hearing for final orders
- Ex parte temporary orders. Allowed for immediate protection
- Burden of proof. Preponderance of evidence (civil standard)
- Right to counsel. Particularly for respondents facing serious consequences
- Right to present evidence and witnesses
- Right to cross-examine accusers
- Federal firearm prohibition. Major consequence of order
- Immigration consequences. Can affect status
- Employment consequences. Background checks reveal
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Key Legal Terms
- Penalty Group
- Texas Health & Safety Code § 481.102-481.105 classification of controlled substances by abuse potential and accepted medical use. Determines weight tiers and punishment ranges.
- Article 38.23
- Texas Code of Criminal Procedure exclusionary rule. Evidence obtained in violation of any federal or Texas constitutional or statutory provision is inadmissible against the accused.
- Aggregation
- Texas H&S § 481.002(5) rule that the total weight of any controlled substance, including adulterants and dilutants, counts toward the offense weight tier.
- 3g Offense
- CCP Article 42A.054 list of offenses ineligible for judicial probation and requiring 50% sentence served before parole eligibility (formerly Article 42.12 § 3g).
- Pretrial Diversion
- Pre-charge alternative under CCP Article 32.02 in which the prosecution agrees to dismiss charges upon successful completion of conditions (counseling, community service, restitution).
Frequently Asked Questions
What's a restraining order in Texas?
Texas has several distinct types: Temporary Restraining Order (civil court, 14 days), Emergency Protective Order (criminal arrest, 31-91 days), Final Protective Order (family violence, up to 2 years), Stalking Protective Order (CCP 7B, up to lifetime), Sexual Assault PO (CCP 7A), Civil Harassment Order.
How fast can I get a restraining order in Texas?
Emergency Protective Order: same-day at criminal arraignment after family violence arrest. Temporary ex parte family violence protective order: typically same-day or next-day. Civil TRO: same-day in many cases. Final orders: 14-20 days after filing typically.
Is a Texas restraining order free?
Family violence protective order applications free (Texas Family Code §81.001). Filing fees and service fees waived for family violence applicants. Civil TROs and other types may have filing fees. Respondents face substantial defense costs.
How long does a Texas protective order last?
Family Code Chapter 85 protective orders: up to 2 years typically; longer in some circumstances (lifetime for severe cases or with prior conviction). Emergency Protective Orders: 31-91 days. TROs: 14 days. Stalking/sexual assault POs: up to lifetime.
What happens if someone violates a Texas protective order?
Texas Penal Code §25.07 violations: Class A misdemeanor (up to 1 year jail; $4,000 fine). Enhanced to third-degree felony with prior violation conviction (2-10 years). Federal firearm prohibition under 18 USC §922(g)(8) continues.
