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The rest of what we have written about Texas. Every figure is quoted from Texas’s own statute or its courts’ own published schedule, and carries the date we last checked it.

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Protective orders · Texas · checked 29 Aug 2026

Protective orders and restraining orders in Texas

Who can ask for one, what you have to show, what a judge can order, what it costs, and what happens if it is broken — quoted from Texas’s own statute, not summarized.

If you are in danger right now, call 911. The National Domestic Violence Hotline is available 24 hours a day on 1-800-799-7233, and at thehotline.org. If it is not safe to speak, you can text START to 88788. This page tells you what the law says. It cannot tell you what to do in your situation, and it is not a substitute for talking to an advocate or a lawyer.
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The short version10 points · tap one to jump to it
  1. Does this cover me? — Coverage runs through the definition of "family violence" in Section 71.004, which reaches acts between members of a family or household and, separately, dating violence.
  2. Can I get something today? — This is the order a court can make without the other person present.
  3. The order after a hearing — Two years is the ordinary ceiling.
  4. What the judge can actually order — In most states this list reaches the home, the children and money, not just distance.
  5. Firearms — Texas splits this. The firearm prohibition in Section 85.022(b)(6) is discretionary in its wording, the court "may" impose it, while the suspension of a handgun license in Section 85.022(d) is mandatory, the court "shall" suspend it.
  6. What it costs — Texas states in its own statute that the person asking for a protective order pays nothing.
  7. If they break it
  8. Worth knowing about Texas — A temporary ex parte order counts for the criminal offense only once it has been served.
  9. How long a Texas order lasts — and what changed on 1 September 2025
  10. The part that is the same in every state — This is federal law and it does not change at a state line.
In this subject 10

Does this cover me?

Who can ask for one

Coverage runs through the definition of "family violence" in Section 71.004, which reaches acts between members of a family or household and, separately, dating violence. "Family" reaches people related by blood or marriage, former spouses, the two parents of the same child whether or not they ever married, and foster child and foster parent, whether or not they live together. "Household" reaches people living in the same dwelling whether or not they are related, and a person who previously lived there is still a member of that household. A dating relationship is a continuing relationship of a romantic or intimate nature, judged by its length, its nature, and how often and in what way the two people interacted; a casual acquaintance or ordinary socializing at work or in a social setting is not one. Two versions of Section 82.002(b) appear side by side in the published code, both enacted in 2011, one allowing an adult member of the dating relationship to file and one allowing a member of the dating relationship to file regardless of whether that member is an adult or a child. Where no relationship exists at all, the sexual assault, indecent assault, stalking, and trafficking order under Code of Criminal Procedure Chapter 7B is the route Texas provides.

Tex. Fam. Code Title 4 (Protective Orders and Family Violence), Subtitle B (Protective Orders): ch. 81 (General Provisions), Sec. 81.001 (Entitlement to Protective Order), Sec. 81.002 (No Fee for Applicant), Sec. 81.003 (Fees and Costs Paid by Party Found to Have Committed Family Violence); ch. 82 (Applying for Protective Order), Sec. 82.002 (Who May File Application), Sec. 82.009 (Application for Temporary Ex Parte Order); ch. 83 (Temporary Ex Parte Orders), Sec. 83.001 (Requirements for Temporary Ex Parte Order), Sec. 83.002 (Duration of Order; Extension), Sec. 83.006 (Exclusion of Party from Residence); ch. 84 (Hearing), Sec. 84.001 (Time Set for Hearing), Sec. 84.002 (Extended Time for Hearing in District Court in Certain Counties); ch. 85 (Issuance of Protective Order), Sec. 85.001 (Required Findings and Orders), Sec. 85.002 (Exception for Violation of Expired Protective Order), Sec. 85.003 (Separate Protective Orders Required), Sec. 85.021 (Requirements of Order Applying to Any Party), Sec. 85.022 (Requirements of Order Applying to Person Who Committed Family Violence), Sec. 85.025 (Duration of Protective Order), Sec. 85.026 (Warning on Protective Order); ch. 87 (Modification of Protective Orders), Sec. 87.001, Sec. 87.002. Definitions at Tex. Fam. Code ch. 71, Sec. 71.0021 (Dating Violence), Sec. 71.003 (Family), Sec. 71.004 (Family Violence), Sec. 71.005 (Household), Sec. 71.006 (Member of a Household). Related orders at Tex. Code Crim. Proc. art. 17.292 (Magistrate's Order for Emergency Protection) and Tex. Code Crim. Proc. ch. 7B, subch. A. Violation at Tex. Penal Code Sec. 25.07 and Sec. 25.072. — who is coveredSec. 71.003. FAMILY. "Family" includes individuals related by consanguinity or affinity, as determined under Sections 573.022 and 573.024, Government Code, individuals who are former spouses of each other, individuals who are the parents of the same child, without regard to marriage, and a foster child and foster parent, without regard to whether those individuals reside together. Sec. 71.005. HOUSEHOLD. "Household" means a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other. Sec. 71.006. MEMBER OF A HOUSEHOLD. "Member of a household" includes a person who previously lived in a household. Sec. 71.0021. DATING VIOLENCE. (a) "Dating violence" means an act, other than a defensive measure to protect oneself, by an actor that: (1) is committed against a victim or applicant for a protective order: (A) with whom the actor has or has had a dating relationship; or (B) because of the victim's or applicant's marriage to or dating relationship with an individual with whom the actor is or has been in a dating relationship or marriage; and (2) is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the victim or applicant in fear of imminent physical harm, bodily injury, assault, or sexual assault. (b) For purposes of this title, "dating relationship" means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on consideration of: (1) the length of the relationship; (2) the nature of the relationship; and (3) the frequency and type of interaction between the persons involved in the relationship. (c) A casual acquaintanceship or ordinary fraternization in a business or social context does not constitute a "dating relationship" under Subsection (b). Sec. 82.002. WHO MAY FILE APPLICATION. (a) With regard to family violence under Section 71.004(1) or (2), an adult member of the family or household may file an application for a protective order to protect the applicant or any other member of the applicant's family or household. Text of subsection as amended by Acts 2011, 82nd Leg., R.S., Ch. 872 (S.B. 116), Sec. 3 (b) With regard to family violence under Section 71.004(3), an application for a protective order to protect the applicant may be filed by: (1) an adult member of the dating relationship; or (2) an adult member of the marriage, if the victim is or was married as described by Section 71.0021(a)(1)(B). Text of subsection as amended by Acts 2011, 82nd Leg., R.S., Ch. 632 (S.B. 819), Sec. 2 (b) With regard to family violence under Section 71.004(3), an application for a protective order to protect the applicant may be filed by a member of the dating relationship, regardless of whether the member is an adult or a child. (c) Any adult may apply for a protective order to protect a child from family violence. (d) In addition, an application may be filed for the protection of any person alleged to be a victim of family violence by: (1) a prosecuting attorney; or (2) the Department of Family and Protective Services. (e) The person alleged to be the victim of family violence in an application filed under Subsection (c) or (d) is considered to be the applicant for a protective order under this subtitle.

What you have to show

Tex. Fam. Code Title 4 (Protective Orders and Family Violence), Subtitle B (Protective Orders): ch. 81 (General Provisions), Sec. 81.001 (Entitlement to Protective Order), Sec. 81.002 (No Fee for Applicant), Sec. 81.003 (Fees and Costs Paid by Party Found to Have Committed Family Violence); ch. 82 (Applying for Protective Order), Sec. 82.002 (Who May File Application), Sec. 82.009 (Application for Temporary Ex Parte Order); ch. 83 (Temporary Ex Parte Orders), Sec. 83.001 (Requirements for Temporary Ex Parte Order), Sec. 83.002 (Duration of Order; Extension), Sec. 83.006 (Exclusion of Party from Residence); ch. 84 (Hearing), Sec. 84.001 (Time Set for Hearing), Sec. 84.002 (Extended Time for Hearing in District Court in Certain Counties); ch. 85 (Issuance of Protective Order), Sec. 85.001 (Required Findings and Orders), Sec. 85.002 (Exception for Violation of Expired Protective Order), Sec. 85.003 (Separate Protective Orders Required), Sec. 85.021 (Requirements of Order Applying to Any Party), Sec. 85.022 (Requirements of Order Applying to Person Who Committed Family Violence), Sec. 85.025 (Duration of Protective Order), Sec. 85.026 (Warning on Protective Order); ch. 87 (Modification of Protective Orders), Sec. 87.001, Sec. 87.002. Definitions at Tex. Fam. Code ch. 71, Sec. 71.0021 (Dating Violence), Sec. 71.003 (Family), Sec. 71.004 (Family Violence), Sec. 71.005 (Household), Sec. 71.006 (Member of a Household). Related orders at Tex. Code Crim. Proc. art. 17.292 (Magistrate's Order for Emergency Protection) and Tex. Code Crim. Proc. ch. 7B, subch. A. Violation at Tex. Penal Code Sec. 25.07 and Sec. 25.072. — the groundsSec. 71.004. FAMILY VIOLENCE. "Family violence" means: (1) an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself; (2) abuse, as that term is defined by Sections 261.001(1)(C), (E), (G), (H), (I), (J), (K), and (M), by a member of a family or household toward a child of the family or household; or (3) dating violence, as that term is defined by Section 71.0021. Sec. 81.001. ENTITLEMENT TO PROTECTIVE ORDER. A court shall render a protective order as provided by Section 85.001(b) if the court finds that family violence has occurred. Sec. 85.001. REQUIRED FINDINGS AND ORDERS. (a) At the close of a hearing on an application for a protective order, the court shall find whether family violence has occurred. (b) If the court finds that family violence has occurred, the court: (1) shall render a protective order as provided by Section 85.022 applying only to a person found to have committed family violence; and (2) may render a protective order as provided by Section 85.021 applying to both parties that is in the best interest of the person protected by the order or member of the family or household of the person protected by the order.

Can I get something today?

temporary ex parte order (Tex. Fam. Code ch. 83, captioned "TEMPORARY EX PARTE ORDERS") — before any hearing

This is the order a court can make without the other person present. It is short by design: it holds until a hearing, and the hearing is where the longer order is decided.

The standard the court appliesSec. 83.001. REQUIREMENTS FOR TEMPORARY EX PARTE ORDER (a) If the court finds from the information contained in an application for a protective order that there is a clear and present danger of family violence, the court, without further notice to the individual alleged to have committed family violence and without a hearing, may enter a temporary ex parte order for the protection of the applicant or any other member of the family or household of the applicant. (b) In a temporary ex parte order, the court may direct a respondent to do or refrain from doing specified acts.
How long it lastsSec. 83.002. DURATION OF ORDER; EXTENSION (a) A temporary ex parte order is valid for the period specified in the order, not to exceed 20 days. (b) On the request of an applicant or on the court's own motion, a temporary ex parte order may be extended for additional 20-day periods.

The request for a temporary ex parte order is made inside the same application. Section 82.009 requires that the application "contain a detailed description of the facts and circumstances concerning the alleged family violence and the need for the immediate protective order" and "be signed by each applicant under an oath that the facts and circumstances contained in the application are true to the best knowledge and belief of each applicant," and it adds that "a statement signed under oath by a child is valid if the statement otherwise complies with this chapter."

Ordering the other person out of the home at this stage is harder than the rest of the order. Section 83.006 permits it only if the applicant "files a sworn affidavit that provides a detailed description of the facts and circumstances requiring the exclusion of the person from the residence" and "appears in person to testify at a temporary ex parte hearing to justify the issuance of the order without notice," and only on findings that the applicant lives there or lived there within the 30 days before filing, that the person to be excluded committed family violence against a household member within those same 30 days, and that "there is a clear and present danger that the person to be excluded is likely to commit family violence against a member of the household." The court may recess that hearing to telephone the other person and offer them the chance to be present, but must finish the hearing before the end of the working day.

The hearing on the full order comes quickly. Under Section 84.001 the court sets a date and time when the application is filed and, unless the applicant asks for a later date, "may not set a date later than the 14th day after the date the application is filed." Section 84.002 allows a prosecuting attorney in a county with a population of more than 2.5 million, or in a judicial district made up of more than one county, to have the district court set the hearing not later than 20 days after filing.

The magistrate's order for emergency protection under Code of Criminal Procedure Article 17.292 is a different order with a different clock. It is issued in the criminal case after an arrest, is effective on issuance, and under Article 17.292(j) "remains in effect up to the 61st day but not less than 31 days after the date of issuance," or, where the arrest also involved serious bodily injury to the victim or the use or exhibition of a deadly weapon during the commission of an assault, "remains in effect up to the 91st day but not less than 61 days after the date of issuance."

The order after a hearing

How long it lasts, and whether it can be extended

The standard the court appliesSec. 81.001. ENTITLEMENT TO PROTECTIVE ORDER. A court shall render a protective order as provided by Section 85.001(b) if the court finds that family violence has occurred. Sec. 85.001. REQUIRED FINDINGS AND ORDERS. (a) At the close of a hearing on an application for a protective order, the court shall find whether family violence has occurred. (b) If the court finds that family violence has occurred, the court: (1) shall render a protective order as provided by Section 85.022 applying only to a person found to have committed family violence; and (2) may render a protective order as provided by Section 85.021 applying to both parties that is in the best interest of the person protected by the order or member of the family or household of the person protected by the order. (c) A protective order that requires the first applicant to do or refrain from doing an act under Section 85.022 shall include a finding that the first applicant has committed family violence. (d) If the court renders a protective order for a period of more than two years under Section 85.025(a-1), the court must include in the order a finding described by that subsection.
How longSec. 85.025. DURATION OF PROTECTIVE ORDER. (a) Except as otherwise provided by this section, an order under this subtitle is effective: (1) for the period stated in the order, not to exceed two years; or (2) if a period is not stated in the order, until the second anniversary of the date the order was issued. (a-1) The court may render a protective order sufficient to protect the applicant and members of the applicant's family or household that is effective for a period that exceeds two years if the court finds that the person who is the subject of the protective order: (1) committed an act constituting a felony offense involving family violence against the applicant or a member of the applicant's family or household, regardless of whether the person has been charged with or convicted of the offense; (2) caused serious bodily injury to the applicant or a member of the applicant's family or household; or (3) was the subject of two or more previous protective orders rendered: (A) to protect the person on whose behalf the current protective order is sought; and (B) after a finding by the court that the subject of the protective order has committed family violence. (a-2) If an order under this subtitle is rendered against a respondent who is a party to a suit for dissolution of a marriage in which the applicant or a member of the applicant's family or household is the other party, the order is effective until the second anniversary of the date on which the final decree of dissolution of the marriage is approved and signed by the judge. (a-3) If an order under this subtitle is rendered against a respondent who is a party to a suit affecting the parent-child relationship in which the applicant or a member of the applicant's family or household is also a party, the order is effective until the second anniversary of the date on which the final order in the suit is rendered by the court. (a-4) If an order under this subtitle is rendered against a respondent who is charged with a criminal offense involving family violence under Title 5, Penal Code, or an offense under Section 25.11, Penal Code, the order is effective until the second anniversary of the date of the final disposition of the criminal case. (b) A person who is the subject of a protective order may file a motion not earlier than the first anniversary of the date on which the order was rendered requesting that the court review the protective order and determine whether there is a continuing need for the order. (b-1) Following the filing of a motion under Subsection (b), a person who is the subject of a protective order issued under Subsection (a-1), (a-2), (a-3), or (a-4) that is effective for a period that exceeds two years may file not more than one subsequent motion requesting that the court review the protective order and determine whether there is a continuing need for the order. The subsequent motion may not be filed earlier than the first anniversary of the date on which the court rendered an order on the previous motion by the person. (b-2) After a hearing on a motion under Subsection (b) or (b-1), if the court does not make a finding that there is no continuing need for the protective order, the protective order remains in effect until the date the order expires under this section. Evidence of the movant's compliance with the protective order does not by itself support a finding by the court that there is no continuing need for the protective order. If the court finds there is no continuing need for the protective order, the court shall order that the protective order expires on a date set by the court. (b-3) Subsection (b) does not apply to a protective order issued under Subchapter A, Chapter 7B, Code of Criminal Procedure. (c) If a person who is the subject of a protective order is confined or imprisoned on the date the protective order would expire under Subsection (a), (a-1), (a-2), (a-3), or (a-4) or if the protective order would expire not later than the first anniversary of the date the person is released from confinement or imprisonment, the period for which the order is effective is extended, and the order expires on: (1) the first anniversary of the date the person is released from confinement or imprisonment, if the person was sentenced to confinement or imprisonment for more than five years; or (2) the second anniversary of the date the person is released from confinement or imprisonment, if the person was sentenced to confinement or imprisonment for five years or less. (d) As soon as practicable after the release of a person who is the subject of a protective order from confinement or imprisonment, the Department of Public Safety shall update the statewide law enforcement information system maintained by the department to reflect the date that the order will expire following the person's release.
Extending or renewing itSec. 87.001. MODIFICATION OF PROTECTIVE ORDER. On the motion of any party, the court, after notice and hearing, may modify an existing protective order to: (1) exclude any item included in the order; or (2) include any item that could have been included in the order. Sec. 87.002. MODIFICATION MAY NOT EXTEND DURATION OF ORDER. A protective order may not be modified to extend the period of the order's validity beyond the second anniversary of the date the original order was rendered or beyond the date the order expires under Section 85.025(a-1) or (c), whichever date occurs later.

Two years is the ordinary ceiling. A longer order is available only on one of the three findings in Section 85.025(a-1), and where the court goes past two years, Section 85.001(d) requires the order itself to contain that finding. Sections 85.025(a-2), (a-3), and (a-4) tie the end date to the end of a divorce, a parent-child case, or a criminal case rather than to the date of issuance. Section 85.025(c) extends an order automatically when the person it is against is in confinement, and Section 85.025(d) requires the Department of Public Safety to update the statewide law enforcement system with the new expiration date after release.

Texas does not provide for renewing a protective order that is running. Section 87.002 forbids using a modification to push the expiration date out. Where an order has already expired and was violated while it was in force, Section 85.002 allows a new order to be rendered without the court making a fresh finding under Section 85.001(a): "If the court finds that a respondent violated a protective order by committing an act prohibited by the order as provided by Section 85.022, that the order was in effect at the time of the violation, and that the order has expired after the date that the violation occurred, the court, without the necessity of making the finding described by Section 85.001(a), shall render a protective order as provided by Section 85.022 applying only to the respondent and may render a protective order as provided by Section 85.021."

The person the order is against may ask the court to end it early. Under Section 85.025(b) that motion cannot be filed before the first anniversary of the order, and under Section 85.025(b-2) the order stays in force unless the court affirmatively finds there is no continuing need for it, with the statute stating that "Evidence of the movant's compliance with the protective order does not by itself support a finding by the court that there is no continuing need for the protective order."

What the judge can actually order

Wider than most people expect. In most states this list reaches the home, the children and money, not just distance.

The statutory list

Tex. Fam. Code Title 4 (Protective Orders and Family Violence), Subtitle B (Protective Orders): ch. 81 (General Provisions), Sec. 81.001 (Entitlement to Protective Order), Sec. 81.002 (No Fee for Applicant), Sec. 81.003 (Fees and Costs Paid by Party Found to Have Committed Family Violence); ch. 82 (Applying for Protective Order), Sec. 82.002 (Who May File Application), Sec. 82.009 (Application for Temporary Ex Parte Order); ch. 83 (Temporary Ex Parte Orders), Sec. 83.001 (Requirements for Temporary Ex Parte Order), Sec. 83.002 (Duration of Order; Extension), Sec. 83.006 (Exclusion of Party from Residence); ch. 84 (Hearing), Sec. 84.001 (Time Set for Hearing), Sec. 84.002 (Extended Time for Hearing in District Court in Certain Counties); ch. 85 (Issuance of Protective Order), Sec. 85.001 (Required Findings and Orders), Sec. 85.002 (Exception for Violation of Expired Protective Order), Sec. 85.003 (Separate Protective Orders Required), Sec. 85.021 (Requirements of Order Applying to Any Party), Sec. 85.022 (Requirements of Order Applying to Person Who Committed Family Violence), Sec. 85.025 (Duration of Protective Order), Sec. 85.026 (Warning on Protective Order); ch. 87 (Modification of Protective Orders), Sec. 87.001, Sec. 87.002. Definitions at Tex. Fam. Code ch. 71, Sec. 71.0021 (Dating Violence), Sec. 71.003 (Family), Sec. 71.004 (Family Violence), Sec. 71.005 (Household), Sec. 71.006 (Member of a Household). Related orders at Tex. Code Crim. Proc. art. 17.292 (Magistrate's Order for Emergency Protection) and Tex. Code Crim. Proc. ch. 7B, subch. A. Violation at Tex. Penal Code Sec. 25.07 and Sec. 25.072. — remediesSec. 85.021. REQUIREMENTS OF ORDER APPLYING TO ANY PARTY. In a protective order, the court may: (1) prohibit a party from: (A) removing a child who is a member of the family or household from: (i) the possession of a person named in the order; or (ii) the jurisdiction of the court; (B) transferring, encumbering, or otherwise disposing of property, other than in the ordinary course of business, that is mutually owned or leased by the parties; or (C) removing a pet, companion animal, or assistance animal, as defined by Section 121.002, Human Resources Code, from the possession or actual or constructive care of a person named in the order; (2) grant exclusive possession of a residence to a party and, if appropriate, direct one or more parties to vacate the residence if the residence: (A) is jointly owned or leased by the party receiving exclusive possession and a party being denied possession; (B) is owned or leased by the party retaining possession; or (C) is owned or leased by the party being denied possession and that party has an obligation to support the party or a child of the party granted possession of the residence; (3) provide for the possession of and access to a child of a party if the person receiving possession of or access to the child is a parent of the child; (4) require the payment of support for a party or for a child of a party if the person required to make the payment has an obligation to support the other party or the child; or (5) award to a party the use and possession of specified property that is community property or jointly owned or leased property. Sec. 85.022. REQUIREMENTS OF ORDER APPLYING TO PERSON WHO COMMITTED FAMILY VIOLENCE. (a) In a protective order, the court may order the person found to have committed family violence to perform acts specified by the court that the court determines are necessary or appropriate to prevent or reduce the likelihood of family violence and may order that person to: (1) complete a battering intervention and prevention program accredited under Article 42.141, Code of Criminal Procedure; (2) beginning on September 1, 2008, if the referral option under Subdivision (1) is not available, complete a program or counsel with a provider that has begun the accreditation process described by Subsection (a-1); or (3) if the referral option under Subdivision (1) or, beginning on September 1, 2008, the referral option under Subdivision (2) is not available, counsel with a social worker, family service agency, physician, psychologist, licensed therapist, or licensed professional counselor who has completed family violence intervention training that the community justice assistance division of the Texas Department of Criminal Justice has approved, after consultation with the licensing authorities described by Chapters 152, 501, 502, 503, and 505, Occupations Code, and experts in the field of family violence. (a-1) Beginning on September 1, 2009, a program or provider serving as a referral option for the courts under Subsection (a)(1) or (2) must be accredited under Section 4A, Article 42.141, Code of Criminal Procedure, as conforming to program guidelines under that article. (b) In a protective order, the court may prohibit the person found to have committed family violence from: (1) committing family violence; (2) communicating: (A) directly with a person protected by an order or a member of the family or household of a person protected by an order, in a threatening or harassing manner; (B) a threat through any person to a person protected by an order or a member of the family or household of a person protected by an order; and (C) if the court finds good cause, in any manner with a person protected by an order or a member of the family or household of a person protected by an order, except through the party's attorney or a person appointed by the court; (3) going to or near the residence or place of employment or business of a person protected by an order or a member of the family or household of a person protected by an order; (4) going to or near the residence, child-care facility, or school a child protected under the order normally attends or in which the child normally resides; (5) engaging in conduct directed specifically toward a person who is a person protected by an order or a member of the family or household of a person protected by an order, including following the person, that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass the person; (6) possessing a firearm, unless the person is a peace officer, as defined by Section 1.07, Penal Code, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision; (7) harming, threatening, or interfering with the care, custody, or control of a pet, companion animal, or assistance animal, as defined by Section 121.002, Human Resources Code, that is possessed by or is in the actual or constructive care of a person protected by an order or by a member of the family or household of a person protected by an order; and (8) tracking or monitoring personal property or a motor vehicle in the possession of a person protected by an order or of a member of the family or household of a person protected by an order, without the person's effective consent, including by: (A) using a tracking application on a personal electronic device in the possession of the person or the family or household member or using a tracking device; or (B) physically following the person or the family or household member or causing another to physically follow the person or member. (c) In an order under Subsection (b)(3) or (4), the court shall specifically describe each prohibited location and the minimum distances from the location, if any, that the party must maintain. This subsection does not apply to an order in which Section 85.007 applies. (d) In a protective order, the court shall suspend a license to carry a handgun issued under Subchapter H, Chapter 411, Government Code, that is held by a person found to have committed family violence. (e) In this section, "firearm" has the meaning assigned by Section 46.01, Penal Code.

Firearms

What Texas’s own law says

Texas splits this. The firearm prohibition in Section 85.022(b)(6) is discretionary in its wording, the court "may" impose it, while the suspension of a handgun license in Section 85.022(d) is mandatory, the court "shall" suspend it. The warning that Section 85.026(a) requires on the face of every order, including a temporary ex parte order, states flatly that it is unlawful for a person subject to a protective order to possess a firearm or ammunition. Once an order is in force, Penal Code Section 25.07(a)(4) makes possessing a firearm in violation of it a criminal offense.

The sections read set out no surrender, turn-in, or storage procedure, and no deadline for giving up firearms already owned. They prohibit possession and suspend the handgun license.

Separately, Code of Criminal Procedure Chapter 7C, added in 2025 and captioned "PROHIBITION ON RECOGNITION, SERVICE, AND ENFORCEMENT OF EXTREME RISK PROTECTIVE ORDERS," makes it a state jail felony to serve or enforce an "extreme risk protective order" in Texas unless it was issued under Texas law. Article 7C.006 states that "This chapter does not apply to a protective order issued under the Family Code or the Code of Criminal Procedure or to a protective order issued under the laws of another state that is recognized or enforceable under the Family Code or the Code of Criminal Procedure." A domestic violence protective order, including one from another state, is therefore outside that chapter.

Tex. Fam. Code Title 4 (Protective Orders and Family Violence), Subtitle B (Protective Orders): ch. 81 (General Provisions), Sec. 81.001 (Entitlement to Protective Order), Sec. 81.002 (No Fee for Applicant), Sec. 81.003 (Fees and Costs Paid by Party Found to Have Committed Family Violence); ch. 82 (Applying for Protective Order), Sec. 82.002 (Who May File Application), Sec. 82.009 (Application for Temporary Ex Parte Order); ch. 83 (Temporary Ex Parte Orders), Sec. 83.001 (Requirements for Temporary Ex Parte Order), Sec. 83.002 (Duration of Order; Extension), Sec. 83.006 (Exclusion of Party from Residence); ch. 84 (Hearing), Sec. 84.001 (Time Set for Hearing), Sec. 84.002 (Extended Time for Hearing in District Court in Certain Counties); ch. 85 (Issuance of Protective Order), Sec. 85.001 (Required Findings and Orders), Sec. 85.002 (Exception for Violation of Expired Protective Order), Sec. 85.003 (Separate Protective Orders Required), Sec. 85.021 (Requirements of Order Applying to Any Party), Sec. 85.022 (Requirements of Order Applying to Person Who Committed Family Violence), Sec. 85.025 (Duration of Protective Order), Sec. 85.026 (Warning on Protective Order); ch. 87 (Modification of Protective Orders), Sec. 87.001, Sec. 87.002. Definitions at Tex. Fam. Code ch. 71, Sec. 71.0021 (Dating Violence), Sec. 71.003 (Family), Sec. 71.004 (Family Violence), Sec. 71.005 (Household), Sec. 71.006 (Member of a Household). Related orders at Tex. Code Crim. Proc. art. 17.292 (Magistrate's Order for Emergency Protection) and Tex. Code Crim. Proc. ch. 7B, subch. A. Violation at Tex. Penal Code Sec. 25.07 and Sec. 25.072. — firearmsSec. 85.022(b). In a protective order, the court may prohibit the person found to have committed family violence from: … (6) possessing a firearm, unless the person is a peace officer, as defined by Section 1.07, Penal Code, actively engaged in employment as a sworn, full-time paid employee of a state agency or political subdivision; Sec. 85.022(d). In a protective order, the court shall suspend a license to carry a handgun issued under Subchapter H, Chapter 411, Government Code, that is held by a person found to have committed family violence. Sec. 85.022(e). In this section, "firearm" has the meaning assigned by Section 46.01, Penal Code. Sec. 85.026(a) requires each protective order issued under this subtitle, including a temporary ex parte order, to display prominently, in boldfaced type, capital letters, or underlined: "IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A FIREARM OR AMMUNITION."

▸ See how this compares — all 50 states, side by side

What it costs

Fees

Texas states in its own statute that the person asking for a protective order pays nothing. Section 81.002 bars a clerk, sheriff, constable, or any other public official or employee from assessing the applicant or the applicant's attorney a fee, cost, charge, or expense for filing, serving, or entering the order, and it names the specific charges that are barred, including fees to dismiss, modify, withdraw, or transfer an order, certifying and comparing copies, court reporter fees, and judicial fund fees. The cost moves to the other side: Section 81.003 directs the court to require the party found to have committed family violence to pay a $16 protective order fee, the clerk's standard service fees, court costs, and all other fees, charges, or expenses connected with the order, except on a showing of good cause or of that party's indigence.

Tex. Fam. Code Title 4 (Protective Orders and Family Violence), Subtitle B (Protective Orders): ch. 81 (General Provisions), Sec. 81.001 (Entitlement to Protective Order), Sec. 81.002 (No Fee for Applicant), Sec. 81.003 (Fees and Costs Paid by Party Found to Have Committed Family Violence); ch. 82 (Applying for Protective Order), Sec. 82.002 (Who May File Application), Sec. 82.009 (Application for Temporary Ex Parte Order); ch. 83 (Temporary Ex Parte Orders), Sec. 83.001 (Requirements for Temporary Ex Parte Order), Sec. 83.002 (Duration of Order; Extension), Sec. 83.006 (Exclusion of Party from Residence); ch. 84 (Hearing), Sec. 84.001 (Time Set for Hearing), Sec. 84.002 (Extended Time for Hearing in District Court in Certain Counties); ch. 85 (Issuance of Protective Order), Sec. 85.001 (Required Findings and Orders), Sec. 85.002 (Exception for Violation of Expired Protective Order), Sec. 85.003 (Separate Protective Orders Required), Sec. 85.021 (Requirements of Order Applying to Any Party), Sec. 85.022 (Requirements of Order Applying to Person Who Committed Family Violence), Sec. 85.025 (Duration of Protective Order), Sec. 85.026 (Warning on Protective Order); ch. 87 (Modification of Protective Orders), Sec. 87.001, Sec. 87.002. Definitions at Tex. Fam. Code ch. 71, Sec. 71.0021 (Dating Violence), Sec. 71.003 (Family), Sec. 71.004 (Family Violence), Sec. 71.005 (Household), Sec. 71.006 (Member of a Household). Related orders at Tex. Code Crim. Proc. art. 17.292 (Magistrate's Order for Emergency Protection) and Tex. Code Crim. Proc. ch. 7B, subch. A. Violation at Tex. Penal Code Sec. 25.07 and Sec. 25.072. — feesSec. 81.002. NO FEE FOR APPLICANT. An applicant for a protective order or an attorney representing an applicant may not be assessed a fee, cost, charge, or expense by a district or county clerk of the court or a sheriff, constable, or other public official or employee in connection with the filing, serving, or entering of a protective order or for any other service described by this subsection, including: (1) a fee to dismiss, modify, or withdraw a protective order; (2) a fee for certifying copies; (3) a fee for comparing copies to originals; (4) a court reporter fee; (5) a judicial fund fee; (6) a fee for any other service related to a protective order; or (7) a fee to transfer a protective order. Sec. 81.003. FEES AND COSTS PAID BY PARTY FOUND TO HAVE COMMITTED FAMILY VIOLENCE. (a) Except on a showing of good cause or of the indigence of a party found to have committed family violence, the court shall require in a protective order that the party against whom the order is rendered pay the $16 protective order fee, the standard fees charged by the clerk of the court in a general civil proceeding for the cost of serving the order, the costs of court, and all other fees, charges, or expenses incurred in connection with the protective order. (b) The court may order a party against whom an agreed protective order is rendered under Section 85.005 to pay the fees required in Subsection (a).

If they break it

What a violation is, and what it carries

Tex. Fam. Code Title 4 (Protective Orders and Family Violence), Subtitle B (Protective Orders): ch. 81 (General Provisions), Sec. 81.001 (Entitlement to Protective Order), Sec. 81.002 (No Fee for Applicant), Sec. 81.003 (Fees and Costs Paid by Party Found to Have Committed Family Violence); ch. 82 (Applying for Protective Order), Sec. 82.002 (Who May File Application), Sec. 82.009 (Application for Temporary Ex Parte Order); ch. 83 (Temporary Ex Parte Orders), Sec. 83.001 (Requirements for Temporary Ex Parte Order), Sec. 83.002 (Duration of Order; Extension), Sec. 83.006 (Exclusion of Party from Residence); ch. 84 (Hearing), Sec. 84.001 (Time Set for Hearing), Sec. 84.002 (Extended Time for Hearing in District Court in Certain Counties); ch. 85 (Issuance of Protective Order), Sec. 85.001 (Required Findings and Orders), Sec. 85.002 (Exception for Violation of Expired Protective Order), Sec. 85.003 (Separate Protective Orders Required), Sec. 85.021 (Requirements of Order Applying to Any Party), Sec. 85.022 (Requirements of Order Applying to Person Who Committed Family Violence), Sec. 85.025 (Duration of Protective Order), Sec. 85.026 (Warning on Protective Order); ch. 87 (Modification of Protective Orders), Sec. 87.001, Sec. 87.002. Definitions at Tex. Fam. Code ch. 71, Sec. 71.0021 (Dating Violence), Sec. 71.003 (Family), Sec. 71.004 (Family Violence), Sec. 71.005 (Household), Sec. 71.006 (Member of a Household). Related orders at Tex. Code Crim. Proc. art. 17.292 (Magistrate's Order for Emergency Protection) and Tex. Code Crim. Proc. ch. 7B, subch. A. Violation at Tex. Penal Code Sec. 25.07 and Sec. 25.072. — violationSec. 25.07. VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE. (a) A person commits an offense if, in violation of a condition of bond set in a family violence, sexual assault or abuse, indecent assault, stalking, or trafficking case and related to the safety of a victim or the safety of the community, an order issued under Subchapter A, Chapter 7B, Code of Criminal Procedure, an order issued under Article 17.292, Code of Criminal Procedure, an order issued under Section 6.504, Family Code, Chapter 83, Family Code, if the temporary ex parte order has been served on the person, Chapter 85, Family Code, or Subchapter F, Chapter 261, Family Code, or an order issued by another jurisdiction as provided by Chapter 88, Family Code, the person knowingly or intentionally: (1) commits family violence or an act in furtherance of an offense under Section 20A.02, 22.011, 22.012, 22.021, or 42.072; (2) communicates: (A) directly with a protected individual or a member of the family or household in a threatening or harassing manner; (B) a threat through any person to a protected individual or a member of the family or household; or (C) in any manner with the protected individual or a member of the family or household except through the person's attorney or a person appointed by the court, if the violation is of an order described by this subsection and the order prohibits any communication with a protected individual or a member of the family or household; (3) goes to or near any of the following places as specifically described in the order or condition of bond: (A) the residence or place of employment or business of a protected individual or a member of the family or household; or (B) any child care facility, residence, or school where a child protected by the order or condition of bond normally resides or attends; (4) possesses a firearm; (5) harms, threatens, or interferes with the care, custody, or control of a pet, companion animal, or assistance animal that is possessed by a person protected by the order or condition of bond; (6) removes, attempts to remove, or otherwise tampers with the normal functioning of a global positioning monitoring system; or (7) tracks or monitors personal property or a motor vehicle in the possession of a protected individual or of a member of the family or household of a protected individual, without the individual's effective consent, including by: (A) using a tracking application on a personal electronic device in the possession of the protected individual or the family or household member or using a tracking device; or (B) physically following the protected individual or family or household member or causing another to physically follow the individual or member. (g) An offense under this section is a Class A misdemeanor, except the offense is: (1) subject to Subdivision (2), a state jail felony if it is shown at the trial of the offense that the defendant violated an order issued under Subchapter A, Chapter 7B, Code of Criminal Procedure, following the defendant's conviction of or placement on deferred adjudication community supervision for an offense, if the order was issued with respect to a victim of that offense; or (2) a felony of the third degree if it is shown on the trial of the offense that the defendant: (A) has previously been convicted two or more times of an offense under this section or two or more times of an offense under Section 25.072, or has previously been convicted of an offense under this section and an offense under Section 25.072; or (B) has violated the order or condition of bond by committing an assault or the offense of stalking. Sec. 25.072. REPEATED VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT, STALKING, OR TRAFFICKING CASE. (a) A person commits an offense if, during a period that is 12 months or less in duration, the person two or more times engages in conduct that constitutes an offense under Section 25.07. (e) An offense under this section is a felony of the third degree. Sec. 85.026(a) requires each protective order issued under this subtitle, including a temporary ex parte order, to display prominently, in boldfaced type, capital letters, or underlined: "A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN JAIL FOR AS LONG AS SIX MONTHS, OR BOTH." "A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS."

Worth knowing about Texas

A temporary ex parte order counts for the criminal offense only once it has been served. Penal Code Section 25.07(a) reaches an order under "Chapter 83, Family Code, if the temporary ex parte order has been served on the person." No such service condition appears in that subsection for a Chapter 85 order.

Nobody can waive the order, and that is printed on its face. Section 85.026(a) requires every order, including a temporary ex parte order, to carry the statement: "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT CHANGES THE ORDER." Penal Code Section 25.07(d) says the same thing to police: "Reconciliatory actions or agreements made by persons affected by an order do not affect the validity of the order or the duty of a peace officer to enforce this section." Section 25.07(e) bars an officer investigating a violation from arresting a person the order protects for violating that order.

Texas will not put both people in one order. Section 85.003(c) states: "A court may not render one protective order under Section 85.022 that applies to both parties." Where the court does restrain both people, Section 85.003 requires two distinct documents, and Section 85.001(c) requires that an order restraining the person who applied first must contain a finding that the first applicant committed family violence.

The protective order outranks a divorce or custody order while it is running. Section 85.026(b) requires every order to display: "DURING THE TIME IN WHICH THIS ORDER IS VALID AND SUBJECT TO TRANSFER, THE ORDER PREVAILS OVER ANY OTHER ORDER RENDERED IN A SUIT FOR DISSOLUTION OF A MARRIAGE OR A SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP TO THE EXTENT OF ANY CONFLICT BETWEEN THE ORDERS."

On lifetime orders, published summaries frequently blur two different statutes. The Family Code family violence order has no lifetime provision. Its longest form is Section 85.025(a-1), "a period that exceeds two years," available only on a finding of a felony family violence offense, serious bodily injury, or two or more previous protective orders. The lifetime language sits in the sexual assault, indecent assault, stalking, and trafficking order instead. Code of Criminal Procedure Article 7B.007(a) provides that such an order "may be effective for the duration of the lives of the offender and victim or for any shorter period stated in the order," and Article 7B.007(a-1) requires a lifetime order where the offender is convicted of or placed on deferred adjudication community supervision for a listed offense and is required to register for life as a sex offender. Article 7B.007(c) adds: "To the extent of any conflict with Section 85.025, Family Code, this article prevails."

A long Family Code order can still be reopened by the person it restrains. Section 85.025(b) lets that person move for review once a year has passed, and Section 85.025(b-1) allows one further motion where the order runs beyond two years. Section 85.025(b-2) keeps the order in force unless the court affirmatively finds no continuing need, and states that compliance alone does not establish that.

The order does not necessarily die on its printed expiration date. Section 85.025(c) automatically extends an order where the person restrained is confined, to one year after release for a sentence of more than five years and two years after release for a sentence of five years or less, and Section 85.026(d) requires the order to give notice of that possibility.

The fee waiver is broader than a filing fee waiver. Section 81.002 also covers service, certifying copies, court reporter fees, judicial fund fees, and fees to dismiss, modify, withdraw, or transfer the order.

An expired order can still generate a new one. Under Section 85.002, if the respondent violated the order while it was in effect and it has since expired, the court renders a new order without needing to make a fresh finding that family violence occurred.

Electronic tracking is now named in the statute. Section 85.022(b)(8) lets the court prohibit tracking or monitoring a protected person's property or vehicle, including by tracking application or tracking device or by physically following them, and Penal Code Section 25.07(a)(7) makes doing so a violation.

How long a Texas order lasts — and what changed on 1 September 2025

Texas rewrote this in 2025, and the change is one almost nobody has picked up. If you are divorcing, or there is a custody case, or there is a criminal charge running alongside, your protective order can now be tied to the end of that case rather than to a flat two years.

The default is still two years

Tex. Fam. Code § 85.025(a)

“Except as otherwise provided by this section, an order under this subtitle is effective: (1) for the period stated in the order, not to exceed two years; or (2) if a period is not stated in the order, until the second anniversary of the date the order was issued.”

Note subsection (2). A Texas order with no expiry date printed on it is not indefinite — it runs two years by default.

Longer than two years, on a finding — § 85.025(a-1)

The court may make an order running beyond two years if it finds the respondent:

“(1) committed an act constituting a felony offense involving family violence against the applicant or a member of the applicant’s family or household, regardless of whether the person has been charged with or convicted of the offense; (2) caused serious bodily injury to the applicant or a member of the applicant’s family or household; or (3) was the subject of two or more previous protective orders” made to protect the same person after a finding of family violence.

The words in bold are the ones to hold on to. You do not need a prosecution, let alone a conviction. The judge in your protective order hearing can find that the conduct amounted to a felony family violence offense and lengthen the order on that basis alone. If the district attorney has declined to charge, that does not close this door.

Section 85.001(d) requires the court to write that finding into the order. If a judge grants you more than two years, check the order says why.

The 2025 change: orders that track your other case

Senate Bill 1120 (Acts 2025, 89th Leg., ch. 797), effective 1 September 2025, added three new subsections. Each ties the order to the end of a related case, plus two years:

§ 85.025(a-2) — divorce

“If an order … is rendered against a respondent who is a party to a suit for dissolution of a marriage in which the applicant … is the other party, the order is effective until the second anniversary of the date on which the final decree of dissolution of the marriage is approved and signed by the judge.”

§ 85.025(a-3) — custody

“… a party to a suit affecting the parent-child relationship in which the applicant … is also a party, the order is effective until the second anniversary of the date on which the final order in the suit is rendered by the court.”

§ 85.025(a-4) — criminal charge

“… charged with a criminal offense involving family violence under Title 5, Penal Code, or an offense under Section 25.11, Penal Code, the order is effective until the second anniversary of the date of the final disposition of the criminal case.”

Why this matters so much in practice: divorces and custody cases routinely outrun two years. Under the old rule your protection could expire while the case that caused it was still being fought. Now it does not — it survives the decree by two full years, automatically, by operation of the statute.

The catch, and it is a real one. The Act says: “The changes in law made by this Act to Chapter 85, Family Code, apply only to a protective order rendered on or after the effective date of this Act. A protective order rendered before the effective date of this Act is governed by the law in effect on the date the order is rendered.” So if your order was made before 1 September 2025, none of this applies to it. It runs on the old rules. If your divorce is still live and your order predates that date, that is worth raising with a lawyer now rather than in the ninetieth month.

If they go to prison, the clock stops — § 85.025(c)

An order that would expire while the respondent is confined, or within a year of their release, is extended automatically. It then expires on “the first anniversary of the date the person is released” if they were sentenced to more than five years, or “the second anniversary” if five years or less. You do not have to apply for this; it happens by statute, and the Department of Public Safety is required to update the statewide law enforcement system to reflect the new date.

Lifetime orders exist — but not in the Family Code

People search for a Texas “lifetime protective order” and cannot find it in chapter 85, because it is not there. It is in the Code of Criminal Procedure, art. 7B.007:

“A protective order issued under Article 7B.003 may be effective for the duration of the lives of the offender and victim or for any shorter period stated in the order.”

And it is mandatory in one case: the court “shall issue” a lifetime order where the offender is convicted of or placed on deferred adjudication for a listed offense and is required to register for life as a sex offender. Article 7B.007(c) settles any conflict: “To the extent of any conflict with Section 85.025, Family Code, this article prevails.” These are orders arising out of the criminal process — ask the prosecutor or the victim assistance coordinator, not the family court clerk.

They can ask the court to end it early — and what stops that

Under § 85.025(b) the restrained person may move, no earlier than the first anniversary of the order, for the court to review whether there is a continuing need for it. For the longer orders there is a second bite, but only one, and not within a year of the last ruling (§ 85.025(b-1)).

The sentence to know is in (b-2):

“Evidence of the movant’s compliance with the protective order does not by itself support a finding by the court that there is no continuing need for the protective order.”

That forecloses the argument you will otherwise hear: he has followed it for a year, so he clearly does not need to be restrained any more. Texas has legislated that obeying the order is not, on its own, a reason to lift it. Note also the burden as the subsection frames it — the order stays unless the court affirmatively finds there is no continuing need.

Texas firearms: the provision we could not read before

An earlier version of this page disclosed that Penal Code § 46.04 was unreachable on any official page we could open. We have now read it, and the detail matters more than usual.

Section 46.04(c) makes it an offense for a person “who is subject to an order issued under Section 6.504 or Chapter 85, Family Code, under Article 17.292 or Subchapter A, Chapter 7B, Code of Criminal Procedure… [to] possess a firearm after receiving notice of the order and before expiration of the order.” It is a Class A misdemeanor, and it is automatic — no judge has to make a firearms finding or add a term.

Now read the list of orders again, because Chapter 83 is not on it. A Family Code Chapter 83 temporary ex parte protective order does not trigger § 46.04(c), and Chapter 83 contains no firearms provision of its own. What does trigger it at the emergency stage is an Article 17.292 magistrate’s order for emergency protection — which comes out of the criminal process, after an arrest, not out of your civil application.

So in the window between your ex parte order and your final Chapter 85 order, the Texas possession offense does not apply, and neither does the federal one. If there has also been an arrest, ask the prosecutor or the victim assistance coordinator about an emergency protection order under art. 17.292 — that one does bite immediately.

The license rules run wider than the possession offense. Under Tex. Gov’t Code § 411.187 a license to carry must be suspended where the holder commits an act of family violence and is subject to an active protective order under Title 4 of the Family Code — and Title 4 includes Chapter 83. So a temporary ex parte order suspends the license even though it does not make possession an offense.

Texas has no surrender procedure — no deadline, no recipient, no receipt or affidavit. The prohibition operates purely as a possession offense after the fact.

The part that is the same in every state

An order from one state works in all of them

This is federal law and it does not change at a state line. An order issued by one state, tribe or territory must be enforced by every other as if that state had issued it. And you do not have to register it in the new state first — registration is optional, not a precondition to enforcement.

18 U.S.C. s. 2265(a)Any protection order issued that is consistent with subsection (b) of this section by the court of one State, Indian tribe, or territory (the issuing State, Indian tribe, or territory) shall be accorded full faith and credit by the court of another State, Indian tribe, or territory (the enforcing State, Indian tribe, or territory) and enforced by the court and law enforcement personnel of the other State, Indian tribal government or Territory as if it were the order of the enforcing State or tribe.
18 U.S.C. s. 2265(d)(2)Any protection order that is otherwise consistent with this section shall be accorded full faith and credit, notwithstanding failure to comply with any requirement that the order be registered or filed in the enforcing State, tribal, or territorial jurisdiction.

The same section also says the enforcing state must not tell the restrained person that the order has been registered there unless the protected person asks it to, and must not publish anything online that would be likely to reveal the protected person’s identity or location.

The federal firearms rule needs a hearing first

This is the single most misunderstood point in the whole subject, and it cuts against what most people assume. The federal prohibition at 18 U.S.C. s. 922(g)(8) reaches a person subject to an order only where three things are true: the order was made after a hearing of which they had actual notice and at which they had a chance to take part; it restrains them in relation to an intimate partner or that partner’s child; and it either carries a credible-threat finding or expressly forbids the use of force.

So an emergency or ex parte order does not trigger the federal prohibition on its own — there has been no hearing yet. State law may go further, and many states do, which is why the state rule is set out on this page separately. In United States v. Rahimi (2024) the Supreme Court upheld s. 922(g)(8), holding that “[a]n individual found by a court to pose a credible threat to the physical safety of another may be temporarily disarmed consistent with the Second Amendment.”

This rule is narrower than it looks, and the detail matters. Who counts as an “intimate partner” is a defined term that excludes dating partners you never lived with; the two halves of the third condition are not equally settled after Rahimi; and there is a separate federal route based on convictions rather than orders, which does reach dating partners. We set all of it out, quoted from the United States Code, on one page: Guns and protection orders — the federal rule.

How does this state compare? Ten states do nothing at all about firearms on a protection order; fourteen prohibit possession but give the court no way to collect them. All fifty side by side: which states actually take the guns.

You should not be charged for this — in any state

This is settled, and it is worth knowing before you walk into a courthouse. Under 34 U.S.C. s. 10450, a state applying for STOP grant funding must certify to the Attorney General that its "laws, policies, and practices do not require" a victim to bear the costs associated with the filing, issuance, registration, modification, enforcement, dismissal, withdrawal or service of a protection order or a petition for one — nor the costs of filing criminal charges, or of warrants and witness subpoenas. A jurisdiction that does charge has its funds withheld and redistributed to the states that do not.

Every state receives STOP funding and every state has certified compliance. The practical consequence, in the words of the National Center on Protection Orders and Full Faith & Credit, is that victims "should not be required to pay such costs in any state". That covers having the papers served on the other person, which is the charge people are most often asked for.

Two honest qualifications. The provision does not stop a court charging the respondent — many states order costs against them, and that is permitted. And it is a funding condition rather than a direct federal ban, so what a clerk does on a given day can still be wrong. If you are asked to pay a fee for any of the things listed above, you can say that your state has certified under 34 U.S.C. s. 10450 that it does not charge for them. Advocates can also raise it with the National Center on Protection Orders and Full Faith & Credit on 1-800-903-0111, prompt 2.

Where this state’s own statute says so expressly, that is quoted above.

Authority: Tex. Fam. Code Title 4 (Protective Orders and Family Violence), Subtitle B (Protective Orders): ch. 81 (General Provisions), Sec. 81.001 (Entitlement to Protective Order), Sec. 81.002 (No Fee for Applicant), Sec. 81.003 (Fees and Costs Paid by Party Found to Have Committed Family Violence); ch. 82 (Applying for Protective Order), Sec. 82.002 (Who May File Application), Sec. 82.009 (Application for Temporary Ex Parte Order); ch. 83 (Temporary Ex Parte Orders), Sec. 83.001 (Requirements for Temporary Ex Parte Order), Sec. 83.002 (Duration of Order; Extension), Sec. 83.006 (Exclusion of Party from Residence); ch. 84 (Hearing), Sec. 84.001 (Time Set for Hearing), Sec. 84.002 (Extended Time for Hearing in District Court in Certain Counties); ch. 85 (Issuance of Protective Order), Sec. 85.001 (Required Findings and Orders), Sec. 85.002 (Exception for Violation of Expired Protective Order), Sec. 85.003 (Separate Protective Orders Required), Sec. 85.021 (Requirements of Order Applying to Any Party), Sec. 85.022 (Requirements of Order Applying to Person Who Committed Family Violence), Sec. 85.025 (Duration of Protective Order), Sec. 85.026 (Warning on Protective Order); ch. 87 (Modification of Protective Orders), Sec. 87.001, Sec. 87.002. Definitions at Tex. Fam. Code ch. 71, Sec. 71.0021 (Dating Violence), Sec. 71.003 (Family), Sec. 71.004 (Family Violence), Sec. 71.005 (Household), Sec. 71.006 (Member of a Household). Related orders at Tex. Code Crim. Proc. art. 17.292 (Magistrate's Order for Emergency Protection) and Tex. Code Crim. Proc. ch. 7B, subch. A. Violation at Tex. Penal Code Sec. 25.07 and Sec. 25.072. — read it on Texas’s own site. Checked 23 Aug 2026.
Checked 29 August 2026

How we checked this page

Every quotation on this page was read in the source named in the Authority line above, not taken from a summary or another website. On this date we also re-checked every section cited for repeal, renumbering or amendment since 2024 — the sweep that caught North Dakota’s chapter being repealed and replaced, and Nebraska’s moving to an entirely new title.

One thing we could not do, and we would rather say so:

  • The Texas Legislature’s statute site served us inconsistently. Its GetStatute.aspx and DocViewer.aspx addresses were refused at the robots stage throughout, and the HTML address for Code of Criminal Procedure Chapter 7B kept returning the site’s home page. We read Family Code Chapter 85 at the site’s plain-document address, Chapter 7B from the same site’s PDF, and Penal Code s. 46.04 from a reproduction we cross-checked. Nothing on this page now rests on a source we could not open.

What we cannot promise is that nothing has changed since this date. Quote the words with confidence; check a section number before you put it in a filing. And if anything here does not match what a clerk or judge tells you, the court is right and we are wrong — tell us and we will fix it.

We keep a public record of every time we have got the law wrong on these pages, what caused it, and how long it was live: where we were wrong.

If there are children

What Texas presumes about custody, and the emergency jurisdiction that exists when someone has to leave the state.

Custody in Texas →

Know someone in Texas staring at this number?

A straight answer about money is more useful than most advice, and it costs nothing to pass along. Nothing here asks for their real name, and nobody finds out they looked.

Sources last checked29 August 2026
Page published23 August 2026
What this means. This is when the sources on this page were last read against their originals — statutes, court rules, official schedules — taken from the dates recorded against the individual citations on this page. It is not the date the page was last edited. Adding a link or fixing a typo does not move it; re-reading the statute does. Where we get something wrong we publish it at thecusp.app/corrections with the date, what changed, and how long the error was live.