Texas Legal Glossary · Family Law

Protective Order

Written and reviewed by Shane M. Boasberg, founder of SMB Law, PC · Licensed in Texas since 2003 · Updated October 2026

Definition: A protective order is a civil court order under Title 4 of the Texas Family Code that bars a person found to have committed family violence from contacting, harming, or approaching the applicant, usually for up to two years.

Also called: family violence protective order, PO

What a protective order means in Texas

A protective order is a civil court order issued under Title 4 of the Texas Family Code after a judge finds that family violence has occurred and is likely to occur again. Section 71.004 defines family violence as an act by one member of a family or household against another that is intended to cause physical harm, bodily injury, assault, or sexual assault, or a threat that reasonably places the person in fear of imminent harm.

A protective order is not a temporary restraining order. A TRO is a short civil order in a divorce or custody case that keeps property and routines in place, and breaking it is contempt of court. Breaking a protective order is a crime under Texas Penal Code § 25.07.

How it works in practice

Section 82.002 says who may apply: an adult member of the family or household, an adult acting for a child, or a prosecuting attorney. In Travis County, many applicants file through the County Attorney’s office at no charge. If the application shows a clear and present danger, the judge may sign a temporary ex parte order under § 83.001 the same day, without notice to the other side. That order lasts up to 20 days.

A full hearing follows, with notice to the respondent. If the court makes the findings required by § 85.001, it can order the respondent to stay away from the applicant’s home, workplace, and the children’s school, to stop all contact, and to surrender firearms. Under § 85.025 the order generally lasts up to two years. It can run longer when the respondent caused serious bodily injury, committed a felony involving family violence, or was the subject of two or more prior orders.

Why it matters in your case

A finding of family violence reshapes a custody case. Under § 153.004 it weighs against naming the abuser a joint managing conservator and can limit possession. An active protective order also lets the divorce court waive the 60-day waiting period under § 6.702(c). Federal law bars firearm possession while most protective orders are in force. We handle both sides of these hearings, because an order entered on thin evidence carries consequences that last for years.

This entry explains Texas law in general terms and is not legal advice for any specific situation. Statutes and case law change; the date above reflects the last review.