A protective order is a court order that can help protect a person when there is family violence, threats, stalking, sexual assault, trafficking, or other serious situations. In Texas, protective orders can have important legal consequences and may restrict contact, communication, and physical proximity by the person against whom the order is issued.
Although the terms “restraining order” and “protective order” are often used interchangeably, they are not always the same. A protective order is specifically designed to help prevent violence, threats, or dangerous conduct, and violations can be enforced by law enforcement.
When can someone request a protective order?
A person may request a protective order when there is family violence, abuse, threats, or danger. Courts evaluate the evidence and determine whether legal protection is necessary.
Protective orders may also apply in cases involving sexual assault, stalking, trafficking, or other offenses, even without a family or dating relationship.
What can the court order?
The court may impose restrictions such as:
- No contact with the protected person
- Staying away from home, workplace, or school
- No phone calls, texts, emails, or social media contact
- Protection for children or household members
Each order depends on the facts of the case and what the court determines is necessary for safety.
Temporary or emergency protective orders
In urgent cases, a court may issue a temporary ex parte protective order without the other party present. This can happen if there is a clear and present danger of family violence.
These orders provide immediate protection until a full hearing can be held.
What happens at the hearing?
For a final protective order, the court holds a hearing where both sides may present evidence. The judge reviews testimony, documents, and other evidence before making a decision.
Evidence may include:
- Text messages and emails
- Photos or videos
- Police reports
- Medical records
- Witness testimony
How long does a protective order last?
In Texas, protective orders often last up to two years, though some may last longer depending on the circumstances and the court’s decision.
What happens if someone violates a protective order?
Violating a protective order can lead to serious legal consequences. Any violation—such as contact, communication, or going near restricted locations—may result in criminal charges.
Why speaking with an attorney matters
Protective orders can affect custody, communication, housing, firearms rights, and family relationships. An attorney can help you prepare your case, gather evidence, and navigate the legal process.
Protect your safety and your rights
A protective order is an important legal tool to help prevent harm and establish clear boundaries. Every case depends on its specific facts and the evidence presented in court.
