Protective Orders in Texas Divorce

During a Texas divorce, protective orders set immediate safety rules and can control contact, housing, finances, and parenting time. Texas recognizes three main types tied to family violence: Temporary Ex Parte Protective Orders, Final Protective Orders, and Magistrate’s Orders of Emergency Protection.

Why Protective Orders Matter in a Texas Divorce

Safety comes first. When violence or threats enter a divorce, protective orders can steady the situation fast. These powerful legal tools give judges broad authority to:

• Control or block all contact
• Set safe exchanges for children
• Grant you exclusive use of the home
• Order temporary financial support
• Remove firearms when the law allows

Protective orders work by providing immediate safety and legal protection during divorce proceedings. They can influence divorce proceedings, including child custody and property division, especially when family violence evidence is involved.

We’ve helped North Texas families navigate these orders since 2006. Early action often shapes the entire divorce case. The difference between filing today versus next week can mean the difference between safety and continued danger. You can seek or obtain a protective order at any stage of divorce proceedings, whether you are separated or still married. Consulting a private attorney can help protect your legal rights and ensure you understand your options under Texas law.

Texas treats protective orders seriously. While they come from civil court, violating them is a criminal offense. Police can arrest violators on the spot. This gives the orders real teeth that standard divorce papers don’t have.

Protective Order vs. Restraining Order: What’s the Difference?

The distinction matters for your safety:

Protective Order (PO)

• Enforcement: Criminal – police arrest violators
• Basis: Family violence, dating violence, stalking, or sexual assault
• Use: Safety and no-contact limits
• Violation result: Jail, criminal record, fines
• If an abuser violates a protective order: The offender may face criminal charges, including arrest and possible jail time. Repeated violations can lead to felony charges under Texas law.

Temporary Restraining Order (TRO)

• Enforcement: Civil contempt only
• Basis: Standard divorce disputes (money, property, behavior)
• Use: Control conduct during the case
• Violation result: Return to court, possible contempt

Bottom line: If someone violates a protective order, they go to jail. If they violate a TRO, they go back to court. You can have both working for you at once.

Types of Protective Orders in Texas

Knowing your options helps you choose the right protection fast. The process begins with a protective order application, which can result in a temporary protective order for immediate safety.

Emergency Protective Order (EPO/MOEP) – After Arrest

Police arrested your spouse for family violence? The magistrate can issue immediate protection without you asking.

• Duration (after 9/1/25): 61-91 days standard; 91-121 days if a weapon was used
• No court appearance needed: Happens automatically
• Criminal penalties: Violation means arrest

Temporary Ex Parte Protective Order – Same-Day Protection

In immediate danger? Courts can issue a temporary ex parte protective order—a type of temporary protective order—for your immediate safety, without notifying your spouse first.

• Duration: Up to 20 days, extendable
• Requirements: Clear and present danger
• Full enforcement: Works like a final order

Final Protective Order – Long-Term Safety

After your hearing, this becomes your main protection tool.

• Duration: Usually 2 years; longer with special findings
• Comprehensive relief: Can address home, kids, support, guns
• Interested in obtaining a quick divorce in Texas?
• Statewide enforcement: Valid everywhere in Texas

Sexual Assault/Stalking Orders – No Relationship Required

These orders don’t require family or dating relationships. Stalking protective orders and sexual assault protective orders can be granted to victims of stalking or sexual abuse, and may last for life in serious cases.

• Duration: Can be lifetime in serious cases
• Broader application: Covers stalking by anyone
• Same criminal enforcement: Police arrest violators

TRO in Divorce – Civil Protection

Standard divorce tool for property and behavior control.

• Duration: About 14 days initially
• Civil only: No criminal penalties
• Common uses: Freeze bank accounts, prevent harassment

Quick Reference Table – Protection Options

How Protective Orders Reshape Your Divorce

A protective order fundamentally changes divorce dynamics. Protective orders are designed to prevent future violence and protect parties from further harming during divorce proceedings. Here’s what to expect:

Custody Impact

Texas law presumes that appointing an abusive parent as joint conservator is not in the child’s best interest. This means:

• Courts consider evidence of family violence when determining custody and visitation rights.
• Supervised visitation becomes standard
• Exchanges happen at safe locations (often police stations)
• Decision-making authority typically goes to the protected parent
• Overnight visits may be suspended entirely

Financial Effects

Courts can order immediate financial relief:

• Temporary child support starts right away
• Spousal support during the protective order period
• Abuser pays the mortgage/rent on the family home
• Attorney fees shifted to the violent party

Property Division

The protective order affects who controls what:

• Exclusive home use regardless of whose name is on the deed
• Temporary vehicle assignments
• Access to children’s belongings and important documents
• Freezing of joint accounts to prevent retaliation

Firearms Restrictions

Federal and Texas law prohibit firearm possession:

• All guns must be surrendered
• Concealed carry licenses suspended
• Ammunition must be removed
• Federal prosecution possible (up to 15 years) under 18 U.S.C. § 924(a)(8).” 18 U.S.C. § 924(a)(8) (2025). https://www.law.cornell.edu/uscode/text/18/924

2025 Legal Update: The Texas Supreme Court’s Stary v. Ethridge decision now requires “clear and convincing evidence” for orders blocking parent-child contact beyond two years.

Who Qualifies and What Evidence Works

You Qualify If You’ve Experienced:

• Physical assault or threats, including threats of future harm, from family/household members
• Dating violence (current or former relationships)
• Stalking by anyone
• Sexual assault
• Child abuse (direct or witnessed)
• Survivors of family violence, sexual assault, stalking, human trafficking, or specific burglary, including those facing threats or risk of future harm, can apply for a protective order.

Timeline Basics

• Today: File and potentially get ex parte protection
• Within 14 days: Court hearing (required by law)
• Day of hearing: Final order if granted
• Immediately after: Statewide enforcement begins
• If the abuser does not agree to the protective order, the court will schedule a hearing to present evidence from both parties.

Evidence That Wins Cases

Documents:

• Police reports and 911 recordings
• Medical records and injury photos
• Text messages, emails, voicemails with threats
• Prior protective orders

Witnesses:

• Neighbors who heard or saw incidents
• Family members with knowledge
• Coworkers who witnessed harassment
• Children’s teachers or counselors

Physical Evidence:

• Damaged property photos
• Torn clothing
• Weapons used
• Security camera footage

Where to File in North Texas

You have options – file where:

• You currently live
• The abuser lives
• The violence occurred (see domestic abuse help if you need guidance)
• Your divorce is pending (see mediation rules for victims of domestic violence)

Step-by-Step: Getting Protected Today

Step 1: Immediate Safety Planning

This article explains safety planning steps for individuals experiencing domestic violence or leaving abusive relationships.

Before anything else, ensure you’re safe. We help create:

• Secure communication methods
• Emergency housing arrangements
• Document protection strategies
• Child safety plans

Call us now: (888) 584-9614

Step 2: File Your Application

We prepare comprehensive paperwork that the applicant must complete as part of the protective order application, including:

• Detailed incident descriptions
• Specific relief requested
• Evidence attachments
• Ex parte request if urgent

Step 3: Service and Preparation

The respondent must be legally notified:

• Professional process servers ensure proper service
• We prepare you for testimony, and note that the respondent will have an opportunity to respond to the allegations during the hearing
• Evidence organized for presentation
• Witnesses coordinated

Step 4: The Hearing

Most hearings happen within two weeks:

• Present evidence clearly
• Testimony focuses on facts
• Judge makes immediate decision
• Order issued same day if granted

Step 5: After the Order

Protection continues through enforcement:

• Order enters statewide registry
• Certified copies to police, schools, work
• Violation response plan created
• Ongoing legal support

North Texas Court Locations

Dallas County Family Courts
George L. Allen Sr. Courts Building
600 Commerce St., Dallas 75202

Collin County Courthouse
2100 Bloomdale Rd., McKinney 75071

Denton County Courts
1450 E. McKinney St., Denton 76209

Tarrant County Family Law Center
200 E. Weatherford St., Fort Worth 76196

Legal services are also available in San Antonio and other Texas cities.

What Judges Consider

Texas courts evaluate:

• Immediate danger level – Current threats matter most
• Violence history – Pattern and escalation
• Weapon involvement – Dramatically increases concern
• Children’s exposure – Witnessed violence affects custody
• Prior violations – Breaking previous orders
• Substance abuse – Combined with violence
• Stalking behaviors – Surveillance, tracking, harassment

Judges follow the Texas Code of Criminal Procedure and Texas Family Code when evaluating protective order requests to ensure legal standards are met.

The legal standards vary:

• Most orders: “Preponderance of evidence” (more likely than not)
• Lifetime parent restrictions: “Clear and convincing” (much higher bar)

Common Mistakes That Hurt Your Case

1. Coming to Court Unprepared

Problem: No evidence beyond testimony
Solution: Bring everything – photos, texts, medical records, witnesses

2. Contact After Filing

Problem: Any contact, even responding to “I’m sorry”
Solution: Zero contact means zero – no exceptions

3. Confusing PO with TRO

Problem: Thinking violations are just civil matters
Solution: Remember – PO violations mean arrest, TRO means court

4. Ignoring Gun Requirements

Problem: Not addressing firearm surrender
Solution: Follow all weapon restrictions immediately

5. DIY Service Attempts

Problem: Improper service delays everything
Solution: Use professional process servers

6. Keeping Orders Secret

Problem: Schools and employers can’t help
Solution: Share certified copies with everyone involved

When Orders Are Violated

Violations are crimes. When an abuser violates a protective order, the offender may face criminal charges, including arrest and possible felony charges for repeat violations. Here’s your action plan:

Immediate Response:

1. Call 911 – Don’t wait or hesitate
2. Document everything – Photos, recordings, witnesses
3. Don’t engage – No response to the violator
4. Save evidence – Screenshots, voicemails, everything
5. Report to your attorney – Additional civil remedies available

Criminal Consequences:

• First violation: Class A misdemeanor (up to 1 year jail, $4,000 fine)
• Repeat violations: Third-degree felony (2-10 years prison)
• With assault: Enhanced penalties
• Federal charges: Possible for firearm violations

2025 Update: MOEPs issued after September 1, 2025, last 61-91 days (91-121 with deadly weapon).

Key Texas Cases You Should Know

Stary v. Ethridge (2025)Major change: Orders blocking parent-child contact over 2 years need “clear and convincing” evidence, not just “preponderance.” These cases interpret and apply the Texas Family Code in protective order matters.

Ex parte Flores (2003)

Established that emergency orders after arrest don’t violate due process – immediate safety trumps notice requirements.

Pruneda v. Granados (2021)

Courts must make specific findings for orders exceeding 2 years – general statements aren’t enough.

The Real Costs and Timeline

Financial Costs

• Your filing fees: $0
• Your service fees: $0
• Attorney fees: Often shifted to abuser
• Court costs: Respondent typically pays

Time Investment

• Day 1: File application (2-3 hours)
• Day 1-14: Prepare for hearing
• Hearing day: Usually 1-2 hours
• Ongoing: Enforcement as needed

Typical Timeline

• Morning: Call attorney
• Afternoon: File ex parte request
• Same day: Potential immediate protection
• Within 2 weeks: Final hearing
• After hearing: 2+ years protection

Texas Protective Order Statistics

The numbers tell the story:

• 162,497 protective orders issued (2021-2023)
• 247,896 family violence incidents reported (2023)
• 89% of orders include firearm restrictions
• 12.3 days average time to hearing

These aren’t just statistics – they represent families finding safety through the legal system.

Special Circumstances

Out-of-State Orders

Texas enforces valid orders from any state. Register them with local law enforcement for best protection.

Multiple Orders

Criminal no-contact and civil protective orders can coexist. Always follow the strictest terms.

Interstate Custody

The UCCJEA governs when children cross state lines. Coordinate with your attorney before any moves.

Registry Access

Law enforcement sees full details; public access is limited to protect victim privacy.

Your Path to Safety Starts Now

You deserve to feel safe. Your children deserve peace. Since 2006, we’ve helped thousands of North Texas families use these powerful legal tools to reclaim their lives.

Don’t wait another day. Texas law offers strong protections, and timing can be critical. Whether you need immediate guidance or want to explore your options, our experienced divorce attorneys in Texas are ready to help.

During a consultation, we can discuss your situation, answer your questions, and outline how we can support you. Call us at (888) 584-9614 or contact us online to start planning your path to safety today.

FAQs regarding Orders & Definitions

FAQs regarding Costs & Access

FAQs regarding Violations & Emergency Protection

FAQs regarding Custody & Residence

FAQs regarding Divorce Timing & Parallel Filings

FAQs regarding Firearms & Interstate Enforcement

FAQs regarding Modifications & Filing Locations

Disclaimer

This article provides general information, not legal advice. Please review our Terms of Use. Reading it doesn’t create an attorney-client relationship. Every situation is unique. Results vary based on specific facts. Past results don’t guarantee future outcomes.