Texas
Texas Restraining Order Laws (2026): How to Get a Protective Order
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 3 primary sources cited on this page. How we verify our legal content
In Texas, a Protective Order is available to victims of family violence, sexual assault, stalking, and trafficking. A final civil Protective Order typically lasts up to two years, and courts may issue a lifetime order when the abuse was especially serious or the respondent has a prior history of violence.
If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).
Types of protective orders in Texas
Texas offers two main civil tools for people who face threats or violence.
The civil Protective Order is filed in district or county court under Title 4 of the Texas Family Code (Chapters 71 to 92). It covers family violence against family members, household members, or current and former dating and sexual partners. It also covers sexual assault, stalking, and human trafficking regardless of any relationship between the parties. The prosecutor (DA or county or city attorney) may apply on a victim's behalf, and victims may also apply directly.
The Magistrate's Order of Emergency Protection (MOEP), also called an EPO, is issued automatically at arraignment when a person is arrested for a family violence offense, sexual assault, stalking, or trafficking (Tex. Code Crim. Proc. Art. 17.292). A magistrate issues the MOEP at the time of arrest without any petition from the victim. It provides immediate protection while the criminal case is pending and until a civil Protective Order can be obtained if one is needed.
These two tracks work together. A victim may have both a MOEP in place from the criminal case and a civil Protective Order from family court at the same time.
Who can get a protective order in Texas?
The family violence Protective Order requires a qualifying relationship with the respondent.
Qualifying relationships include:
- Current or former spouses
- Persons related by blood, marriage, or adoption (family members)
- Current or former household members
- Current or former dating or sexual partners
- Foster parents and foster children
If you are a victim of sexual assault, stalking, or human trafficking, you may apply for a Protective Order in Texas without any prior relationship with the person who harmed you. That protection is built into the same Family Code framework.
Parents or prosecutors may seek a Protective Order on behalf of a minor child. There is no residency requirement tied to how long you have lived in Texas before you may file.
How to file for a protective order in Texas
You file a petition in district or county court in the county where you live, where the respondent lives, or where the family violence took place. Your local district attorney's office, county attorney's office, or city attorney's office can file the petition on your behalf at no cost, which is the most common path for family violence cases.
You may also file on your own. Court clerks can point you toward the forms, and many counties have family violence self-help centers staffed by court personnel who can help you complete the paperwork. Local domestic violence advocates and legal aid organizations also assist petitioners at no charge.
Filing is free. Federal VAWA law bars courts from charging a filing fee or service fee for a domestic violence Protective Order. The Family Code also bars the filing fee for the protective order petition itself.
When you file, you describe the abuse and ask the court for relief. A judge may issue a temporary ex parte order the same day if the facts show immediate danger.
Temporary vs. final orders: how long they last
Texas uses a layered system that gives victims protection at each stage.
| Order | How long it lasts |
|---|---|
| Temporary ex parte Protective Order | Up to 20 days (extendable for good cause) |
| MOEP (issued at arrest) | 61 to 91 days standard; 91 to 121 days if a deadly weapon was involved |
| Final Protective Order | Up to 2 years standard |
| Lifetime Protective Order | Permanent, available in defined serious circumstances |
A temporary ex parte order is issued without notifying the respondent, based on your sworn statement alone. It lasts up to 20 days and can be extended if the respondent has not yet been served or for other good cause. During those 20 days, a hearing is scheduled at which the respondent has the right to appear.
A MOEP is separate from the civil process. The magistrate issues it at the moment of arraignment after a qualifying arrest. The victim does not need to appear in court for a MOEP to issue. It provides a bridge of protection that lasts until either the civil Protective Order is in place or the criminal case concludes.
A final Protective Order is issued after a hearing at which both parties have notice and can present their positions. The standard duration is up to two years. For victims who need longer protection, Texas provides a lifetime Protective Order when: (1) the respondent caused serious bodily injury to the petitioner or a member of the petitioner's family or household, (2) the respondent committed an act constituting a felony offense involving family violence (a conviction is not required under Tex. Fam. Code 85.025(a-1); the court need only find that such an act occurred), or (3) the respondent was previously subject to two or more Protective Orders involving the same petitioner. A lifetime order does not expire unless the court modifies or dissolves it.
Firearms and a Texas protective order
When a Texas court issues a Protective Order, the respondent must surrender all firearms and is prohibited from possessing them for the duration of the order. Possessing a firearm while subject to a qualifying Protective Order is a Class A misdemeanor under Tex. Pen. Code 46.04(c), punishable by up to one year in jail and a fine of up to $4,000.
In addition, a qualifying final Protective Order after notice and a hearing triggers the federal firearm ban at (g)(8). Under that federal law, a person subject to such an order may not possess any firearm or ammunition. This is a federal prohibition that applies independently of state law.
The MOEP also carries firearms restrictions during its term. If the magistrate finds that the defendant is a danger, the MOEP will expressly prohibit firearm possession, and federal law reinforces that prohibition.
If you are concerned that the respondent has not surrendered weapons as ordered, contact local law enforcement. Violations of the firearms condition of a Protective Order are taken seriously and can be investigated and prosecuted separately from a violation of the order's other conditions.
What happens if someone violates the order?
Violating a Texas Protective Order is a separate criminal offense under Tex. Pen. Code 25.07.
A first violation is a Class A misdemeanor, punishable by up to one year in county jail and a fine of up to $4,000. The offense escalates to a state jail felony if the defendant violated the order while possessing a deadly weapon, or violated a protective order issued after a conviction or deferred adjudication that concerned the same victim. It escalates further to a third-degree felony carrying two to ten years in state prison if (1) the violation involves conduct that constitutes stalking or assault, or (2) the defendant has two or more prior convictions for violating a protective order or bond condition under Tex. Pen. Code 25.07 or 25.072. A single prior conviction alone does not trigger the third-degree felony enhancement; two or more are required when the current violation does not involve stalking or assault.
Police officers in Texas may arrest a person without a warrant on probable cause that the person has violated a Protective Order. You do not need to wait for an arrest warrant.
If the respondent violates the order, the recommended steps are to call 911 immediately, leave if it is safe to do so, and report the violation to the police as soon as possible. Keep a record of any violations, including dates, times, and what happened. A violation can also be reported to the prosecutor who handled your original case, and the court can address it through both a criminal prosecution and contempt proceedings.
Violations involving a MOEP are handled in the criminal court that issued it, typically by the prosecutor pursuing additional charges or bail revocation.
This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.
Related pages: Restraining Order Laws by State | Texas Self-Defense Laws | Texas Recording Laws
More Texas Laws
Frequently Asked Questions
How do I get a restraining order in Texas?
File a Protective Order petition in district or county court in the county where you live, where the respondent lives, or where the abuse occurred. Your local district attorney or county attorney can file on your behalf for free. Court self-help centers and local domestic violence advocates can also help you complete the forms. A judge may issue a temporary ex parte order the same day if you show immediate danger.
How long does a restraining order last in Texas?
A temporary ex parte order lasts up to 20 days. A Magistrate's Order of Emergency Protection issued at arrest lasts 61 to 91 days (or 91 to 121 days if a deadly weapon was used). A standard final Protective Order lasts up to 2 years. Texas also allows lifetime Protective Orders when the respondent caused serious bodily injury, committed an act constituting a felony family violence offense (a conviction is not required under Tex. Fam. Code 85.025(a-1)), or was previously subject to two or more protective orders involving the same petitioner.
How much does a restraining order cost in Texas?
Filing is free. Federal VAWA law prohibits courts from charging a filing fee or service fee for a domestic violence Protective Order. There is no cost to the petitioner to apply.
Can I get a restraining order without a police report?
Yes. You do not need a police report to file for a civil Protective Order in Texas. You file a sworn petition describing the abuse, and the court decides whether to issue a temporary order based on that. A police report can be helpful supporting evidence but is not a prerequisite.
Does a restraining order take away gun rights in Texas?
Yes. A Texas Protective Order requires the respondent to surrender all firearms and prohibits possession during the order's term. State law makes unlawful possession a Class A misdemeanor. A qualifying final Protective Order also triggers the federal ban at 18 U.S.C. 922(g)(8), which prohibits the respondent from possessing any firearm or ammunition.
What happens if the abuser violates the order?
Violating a Texas Protective Order is a Class A misdemeanor for a first offense (up to 1 year jail and $4,000 fine). It escalates to a state jail felony if the violation was committed while the defendant possessed a deadly weapon, or involved a protective order issued after a conviction tied to the same victim. It becomes a third-degree felony (2 to 10 years prison) if the violation involves stalking or assault, or if the defendant has two or more prior convictions for protective order violations under Tex. Pen. Code 25.07. A single prior conviction alone does not make every subsequent violation a felony. Police can arrest without a warrant on probable cause. If the order is violated, call 911 immediately and report the violation to police.
What is the difference between a restraining order and a Protective Order in Texas?
In Texas, the formal name for the civil court order is a Protective Order. The term 'restraining order' is commonly used by the public but is not the statutory term. The Magistrate's Order of Emergency Protection (MOEP) is a separate order issued by a magistrate at the time of arrest for certain offenses; it is not a civil Protective Order but serves a similar protective function while the criminal case proceeds.
Updates
Corrected the description of Texas protective-order violation penalties: Tex. Pen. Code 25.07 has three tiers (misdemeanor, state jail felony, third-degree felony), not two; the page previously omitted the state jail felony tier that applies to deadly-weapon violations or violations of a post-conviction order.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Corrected the Magistrate's Order of Emergency Protection (MOEP) duration under Tex. Code Crim. Proc. Art. 17.292: standard MOEPs run 61-91 days and deadly-weapon MOEPs run 91-121 days, not the understated 31-61/up-to-91 figures previously shown.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Texas Code of Criminal Procedure
§ 17.292Art. 17.292. MAGISTRATE'S ORDER FOR EMERGENCY PROTECTIONIn force
(a) At a defendant's appearance before a magistrate after arrest for an offense involving family violence or an offense under Section 20A.02, 20A.03, 22.011, 22.012, 22.021, or 42.072, Penal Code, the magistrate may issue an order for emergency protection on the magistrate's own motion or on the request of: (1) the victim of the offense; (2) the guardian of the victim; (3) a peace officer; or (4) the attorney representing the state. (b) At a defendant's appearance before a magistrate after arrest for an offense involving family violence, the magistrate shall issue an order for emergency protection if the arrest is for an offense that also involves: (1) serious bodily injury to the victim; or (2) the use or exhibition of a deadly weapon during the commission of an assault.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
Cited in 15 court opinionsMost recently applied by a court: 2024
Leading cases:
- Garcia v. State (Texas Court of Appeals, 3rd District (Austin) 2006, 212 S.W.3d 877)“…talking pursuant to section 42.072 of the penal code, see Tex.Code Crim. Proc. Ann. art. 17.292(a) (West Supp.2006), or the issuing cou…”
- Ex Parte Flores (Texas Court of Appeals, 8th District (El Paso) 2004, 130 S.W.3d 100)“…ppellant’s writ of habeas corpus. 1 . Tex.Code Crim. Proc. Ann. art. 17.292 (Vernon Supp.2003) entitled "Magistrate…”
- Wagner v. State (Court of Criminal Appeals of Texas 2018, 539 S.W.3d 298)“…on of a deadly weapon during the commission of an assault." Tex. Code Crim. Proc. art. 17.292(a), (b). The magistrate's emergency ord…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 18
§ 922Unlawful actsIn forcecited in 61 of our articles
It shall be unlawful— for any person— except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce; for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that— this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 40,024 court opinionsMost recently applied by a court: 2026
In the courts (editorial summary, independently checked):Section 922(g)(1) bars a felon from possessing a firearm, and the Supreme Court cases in this line turn on sentencing, not on the ban. Taylor v. United States (1990) and Shepard v. United States (2005) held that whether prior convictions enhance a 922(g) sentence under 924(e) is decided from offense elements and limited plea records.
Leading cases:
- United States v. Booker (Supreme Court of the United States 2004, 543 U.S. 220)“…e Johnson with one crime (say, illegal gun possession, see 18 U. S. C. § 922 (g)) and Jackson with another (say, ban…”
- Almendarez-Torres v. United States (Supreme Court of the United States 1998, 523 U.S. 224)“…cidivism an offense element in such circumstances. But cf. 18 U. S. C. § 922 (g)(1) (prior felony conviction an elem…”
- Taylor v. United States (Supreme Court of the United States 1990, 495 U.S. 575)✓Taylor pleaded guilty to felon-in-possession under 18 U.S.C. § 922(g)(1) and had two Missouri burglary convictions; the Court held that 'burglary' in the § 924(e) enhancement attached to a § 922(g) conviction means generic burglary judged by the prior statute's elements.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Can You Become an ICE Agent with a Criminal Record? (2026 Guide), How Long Does a Felony Stay on Your Record? (2026), Supreme Court Limits the Federal Gun Ban on Marijuana Users (Hemani, 2026)
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Texas Family Code, Chapters 71-92 (Protective Orders)(statutes.capitol.texas.gov).gov
- Texas Code of Criminal Procedure, Art. 17.292 (Magistrate's Order of Emergency Protection)(statutes.capitol.texas.gov).gov
- Texas Attorney General, Family Violence Resources(texasattorneygeneral.gov).gov