*ORIGINALLY POSTED IN MARCH 2023, UPDATED FOR 2026*
Types Of Protective Orders In Texas. In Texas, a protective order is a court order designed to help keep someone safe from violence, threats, stalking, or abuse, often in the context of family or dating relationships. In 2026, the core framework is still the same: there are three main family violence–related protective orders (temporary ex parte, final, and magistrate’s emergency orders), plus specialized orders for stalking, sexual assault, human trafficking, and related crimes.
Below is an updated, answer first guide based on current Texas law and the original Travis County article’s intent, followed by older information that remains accurate and helpful today.
What is a Protective Order?
A protective order is a civil court order that legally restricts someone (the respondent) from contacting, threatening, abusing, stalking, or coming near the person who requested protection (the applicant). It is meant to prevent future harm and to give law enforcement clear authority to intervene if the order is violated.
A protective order can:
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Prohibit the respondent from committing family violence, sexual assault, stalking, or trafficking.
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Order the respondent to stay away from the applicant’s home, work, school, or children’s school.
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Forbid the respondent from contacting the applicant directly or indirectly (calls, texts, social media, messages through others).
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Remove the respondent from a shared home (“kick out” provisions in some cases).
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Restrict firearm possession and suspend a license to carry a handgun while the order is in effect.
Violating a protective order is a crime and can lead to arrest, jail time, and additional charges. Protective orders are separate from criminal cases but often run alongside them.
What Types of Protective Orders Exist in Texas?
Texas law recognizes several types of protective orders. For family violence–related situations, there are three core types:
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Temporary Ex Parte Protective Order
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(Final) Protective Order
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Magistrate’s Order of Emergency Protection (MOEP)
There are also specialized protective orders for:
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Stalking
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Sexual assault or abuse
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Indecent assault
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Human trafficking and related crimes
1. Temporary Ex Parte Protective Order
A temporary ex parte protective order provides fast, short term protection when there is a “clear and present danger” of family violence or similar harm.
Key points:
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The judge can issue it without the respondent present (ex parte), based on the applicant’s sworn affidavit and testimony.
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It usually lasts up to 20 days and can be extended in additional 20 day periods if needed (for example, if service has not been completed).
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Conditions can include no contact, stay away zones, removal from the home, and firearms restrictions.
This order is often the first step while the court schedules a full hearing on whether to issue a longer term (final) protective order.
2. (Final) Protective Order
A final protective order (sometimes called a permanent protective order, though it is not literally permanent) is issued after notice and a full court hearing.
Key points:
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The respondent has a right to appear and present evidence; the judge decides whether family violence (or the qualifying crime) occurred and is likely to occur again.
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In most family violence cases, a final order can last up to two years.
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It can be longer than two years if:
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The respondent caused serious bodily injury,
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The respondent committed a felony level act of family violence, even without a criminal conviction, or
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There have been two or more prior protective orders involving the same parties.
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Final protective orders can include detailed provisions about contact, residence, children, firearms, counseling, and other conditions tailored to the situation.
3. Magistrate’s Order of Emergency Protection (MOEP)
A Magistrate’s Order of Emergency Protection is an emergency order issued in a criminal case after a defendant is arrested for certain offenses, including:
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Family violence
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Sexual assault or abuse
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Indecent assault
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Stalking
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Human trafficking and related offenses
Key points:
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The victim does not have to apply; the order may be issued on the magistrate’s own motion or at the request of the victim, a guardian, a peace officer, or the prosecutor.
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In some serious cases (e.g., serious bodily injury or use/display of a deadly weapon), the magistrate must issue an emergency protective order by law.
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The order typically lasts 61 to 91 days, and up to 121 days in certain situations (e.g., deadly weapon cases).
MOEPs are meant to bridge the immediate period right after arrest, when the risk of retaliation or further violence can be especially high.
Protective Orders Facts vs. Myths
Misinformation about protective orders can keep people from seeking the help they need or can cause respondents to underestimate the seriousness of these orders.
Myth 1: “Protective orders are just pieces of paper; they don’t do anything.”
Fact: Protective orders are legally enforceable court orders. Violating one can result in immediate arrest, criminal charges, and serious penalties. While no order can guarantee safety, they give law enforcement clear authority to act quickly and create legal consequences for continued abuse or stalking.
Myth 2: “You need to have a criminal case or conviction to get a protective order.”
Fact: You do not need a conviction—or even an arrest—for a civil family violence protective order or many sexual assault/stalking orders. The judge looks at evidence presented in the protective order hearing, not just criminal case status.
Myth 3: “Protective orders are only for people who are married.”
Fact: Texas law covers a wide range of relationships for family violence protective orders, including current or former spouses, dating partners, co parents, blood or marriage relatives, household members, and some foster relationships. Separate statutes cover sexual assault, stalking, and trafficking regardless of family or dating relationship.
Myth 4: “If the protected person invites contact, the respondent is safe.”
Fact: The order controls, not informal agreements. If a respondent has contact that the order forbids—even if the protected person “invited” it—the respondent can still be arrested and prosecuted. Only the court can modify or cancel a protective order.
Myth 5: “I can’t get a protective order unless I was physically injured.”
Fact: Protective orders can be based on threats, stalking, or conduct that places a person in reasonable fear of harm, not just prior physical injury. The specific standard depends on the type of order, but it is broader than “visible injuries.”
Myth 6: “Once a protective order is issued, it lasts forever.”
Fact: Most final family violence protective orders last up to two years, unless extended or issued under circumstances that allow a longer term. Temporary and emergency orders are much shorter. Orders can sometimes be modified or dissolved, but only by the court.
What’s New or Emphasized in 2026?
While the fundamental structure of Texas protective orders has not changed, recent years have emphasized:
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Clearer pathways for non family violence orders (stalking, sexual assault, trafficking) under the Code of Criminal Procedure Chapter 7B.
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Improved resources and forms through TexasLawHelp.org, the Texas State Law Library, and county level victim assistance programs to help applicants navigate the process.
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Continued focus on firearm restrictions and enforcement in family violence and dating violence cases as part of protective order conditions.
Attorneys and advocates now routinely integrate digital evidence (texts, social media messages, call logs, location data) into protective order cases, and courts increasingly expect organized, documented evidence rather than vague allegations.
Timeless Information from the Original Article (Still Current)
From the original Travis County criminal attorney blog on types of protective orders, several core points remain accurate and important in 2026:
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Texas has three main family violence–related protective orders: temporary ex parte, final, and magistrate’s emergency orders, each with its own purpose, duration, and process.
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The goal of any protective order is prevention—stopping further violence, threats, or harassment by clearly defining prohibited conduct and giving law enforcement tools to respond.
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Protective orders can have serious consequences for the respondent, including firearm prohibitions, effects on child custody and visitation, and future criminal exposure if the order is violated.
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Anyone involved—whether seeking protection or defending against an order—benefits from talking with a knowledgeable Texas attorney who understands both the Family Code and Code of Criminal Procedure, as well as local court practices. Legal advice and advocacy are especially important if children, immigration consequences, or parallel criminal charges are involved.
If you are considering a protective order in Texas, or if an order has been requested against you, taking the process seriously—and seeking informed legal guidance—is essential to protecting your safety, your rights, and your long term future.
In Austin, Texas, Erskine Law, also known as Law Maverick, is led by Board Certified Criminal Law Specialist Brian Erskine, offering a robust defense for individuals facing a wide array of criminal accusations. With extensive trial experience, including over 70 jury trials spanning serious charges like murder, trafficking, sexual assault, DWI, drug possession, and white-collar crimes, the firm provides comprehensive legal support from petty misdemeanors to major felonies. Beyond traditional criminal defense, Law Maverick also assists clients with personal injury cases and employment disputes, demonstrating a commitment to fighting for clients’ rights with a tenacious, “never-quit” approach