What is the difference between a protective order and a restraining order in Texas? Although the terms are often used interchangeably, they refer to different legal remedies with different requirements, procedures, and consequences.

A Texas protective order generally addresses family violence or another qualifying form of misconduct. A temporary restraining order (TRO), by contrast, is commonly used in divorce and civil litigation to preserve the status quo, protect property, or prevent specified conduct while a lawsuit is pending.

The distinction matters. Violating certain protective orders can result in criminal prosecution, while violating a civil restraining order generally leads to civil enforcement proceedings, including possible contempt sanctions.

Understanding which order applies to your situation is particularly important when dealing with divorce, child custody, allegations of domestic violence, or disputes involving family property.

Protective Order vs. Restraining Order in Texas: Key Differences

Issue

Protective order

Civil restraining order

Primary purpose

Protection from qualifying violence or misconduct

Preservation of rights, property, or the status quo

Governing law

Texas Family Code and other applicable statutes

Texas Rules of Civil Procedure and applicable statutes

Typical proceedings

Family violence and other qualifying protective-order cases

Divorce, custody, property, and civil litigation

Issued without notice?

Sometimes, on a temporary ex parte basis

Sometimes, under Rule 680

Duration

Depends on the type of order and statutory provisions

TRO generally expires within 14 days unless properly extended

Violation

May result in criminal charges or contempt

Generally enforced through contempt or other civil remedies

The precise restrictions and consequences depend on the particular order. A person should never assume that an order is unenforceable simply because it was issued in a civil proceeding.

What Is a Protective Order in Texas?

A protective order is a court order designed to protect a person from certain conduct, including family violence.

Texas Family Code Chapter 85 authorizes courts to impose restrictions on individuals found to have committed family violence. These restrictions may prohibit threats, contact, proximity to specified locations, and other conduct identified by statute.

What must a court find to issue a protective order?

Under Texas Family Code § 85.001(a):

"At the close of a hearing on an application for a protective order, the court shall find whether family violence has occurred."

If the court finds that family violence occurred, § 85.001(b) requires the court to issue a protective order under § 85.022 against the person found to have committed family violence.

Importantly, Texas law no longer requires a separate finding that family violence is likely to occur in the future under § 85.001. That requirement was removed effective September 1, 2023.

This distinction is particularly important for individuals researching protective orders using older legal articles or court materials.

Other categories of protective orders, including certain orders involving sexual assault, stalking, or trafficking, may be governed by separate statutory provisions and findings.

Who Can File for a Protective Order in Texas?

Texas Family Code § 82.002 identifies individuals authorized to seek family-violence protective orders.

Depending on the circumstances, eligible applicants may include:

• Adult members of a family or household seeking protection for themselves or other family or household members.
• Individuals involved in qualifying dating relationships.
• Adults seeking protection for children.
• Certain authorized governmental officials or agencies under applicable law.

A protective order may arise from conduct involving spouses, former spouses, relatives, household members, or dating partners.

Marriage is not necessarily required. Texas law recognizes family violence in several kinds of domestic and dating relationships.

However, not every disagreement, insult, or unpleasant communication constitutes family violence. Whether conduct satisfies the statutory definition requires examining the facts and the applicable provisions of Texas Family Code § 71.004.

What Are the Different Types of Protective Orders in Texas?

Texas law provides several mechanisms for obtaining protection, and their procedural requirements differ.

1. Temporary Ex Parte Protective Orders

A temporary ex parte protective order may be issued without advance notice to the person against whom protection is sought.

Texas Family Code § 83.001 authorizes this relief when the court finds, based on the application, a clear and present danger of family violence.

These orders are intended to provide immediate protection before a fuller hearing can occur.

A temporary ex parte protective order generally lasts up to 20 days, subject to statutory extension provisions.

Because the respondent may not have an opportunity to present evidence before the initial order is issued, it is particularly important to distinguish a temporary ex parte order from a protective order entered after notice and a hearing.

2. Protective Orders Issued After a Hearing

A protective order issued following a contested hearing ordinarily involves an opportunity for the parties to present evidence and challenge the allegations.

Evidence may include:

• Testimony from the applicant and respondent.
• Text messages, emails, and communications.
• Photographs and medical records.
• Police reports and admissible investigative evidence.
• Testimony from third-party witnesses.
• Other relevant and admissible evidence.

A protective-order hearing is not the same as a criminal trial. The legal standards and procedural rules differ.

Nevertheless, the resulting order may impose substantial restrictions on a respondent's conduct, housing arrangements, and other legal interests.

3. Magistrate's Orders for Emergency Protection

A magistrate's order for emergency protection may be issued in connection with certain criminal arrests.

These orders are governed by Texas Code of Criminal Procedure Article 17.292 and differ from ordinary civil protective orders.

Depending on the offense and statutory circumstances, the magistrate may issue an order restricting contact, threats, proximity to certain locations, or other specified conduct.

The applicable statute determines whether issuance is discretionary or mandatory and establishes the order's duration.

How Long Does a Protective Order Last in Texas?

Under Texas Family Code § 85.025, an ordinary family-violence protective order generally remains effective for the period stated in the order, not exceeding two years.

However, the statute authorizes longer periods in certain circumstances, including specified findings involving serious bodily injury, felony-level family violence, or prior protective orders.

Amendments effective September 1, 2025, also establish special duration provisions for certain protective orders connected with divorce proceedings, suits affecting the parent-child relationship, and qualifying criminal proceedings.

Therefore, it is no longer sufficient to assume that every Texas protective order expires within two years.

The duration must be evaluated under the applicable subsection of § 85.025 and the specific terms of the court's order.

What Is a Temporary Restraining Order in Texas?

A temporary restraining order, commonly called a TRO, is a form of temporary injunctive relief.

In civil litigation, TROs are governed principally by Texas Rule of Civil Procedure 680.

A TRO may be issued when immediate and irreparable injury, loss, or damage will occur before the opposing party can be heard, provided the applicable procedural requirements are satisfied.

In divorce proceedings, temporary restraining orders may also be authorized under Texas Family Code § 6.501.

A TRO may address matters such as transferring property, withdrawing funds, destroying records, disturbing the peace, or interfering with property rights.

Unlike a family-violence protective order, a civil TRO does not necessarily require proof of family violence.

How long does a Texas TRO last?

Under Rule 680, a TRO generally may not exceed 14 days unless extended as permitted by the rule.

A temporary injunction may provide longer-lasting relief after the appropriate proceedings.

The difference between a TRO and a temporary injunction matters because their procedural requirements and duration are not identical.

What Can a Texas Protective Order Prohibit?

Texas Family Code § 85.022 authorizes a court to impose various restrictions on a person found to have committed family violence.

Depending on the circumstances, the order may prohibit:

• Committing family violence or threatening protected persons.
• Certain communications with protected individuals.
• Going to or near specified residences, workplaces, schools, or childcare facilities.
• Engaging in stalking or other prohibited conduct.
• Possessing firearms or ammunition as provided by applicable law.

A court may also impose appropriate additional requirements, including participation in certain intervention or counseling programs.

The scope of the order matters. A prohibition against threatening communication is not necessarily identical to an absolute prohibition against all communication.

Parties must read the actual language of the order rather than relying on general descriptions.

What Happens If You Violate a Protective Order in Texas?

Violating a qualifying protective order can result in criminal prosecution under Texas Penal Code § 25.07.

The statute addresses specified prohibited conduct committed knowingly or intentionally in violation of covered orders or conditions.

Depending on the circumstances, penalties may include misdemeanor or felony prosecution.

Certain repeat offenses or aggravating circumstances can increase the seriousness of the charge.

Importantly, not every unintended encounter constitutes a criminal violation. The prosecution must establish the applicable statutory elements, including the required mental state.

However, even an encounter that a respondent considers harmless may create serious legal exposure if it involves conduct prohibited by the order.

A protected person's invitation or willingness to communicate does not, by itself, modify or cancel a court order.

Only an appropriate court order can change the restrictions imposed by the court.

How Do Protective Orders Affect Divorce and Child Custody in Texas?

Protective orders can have significant consequences in divorce and custody proceedings.

Child custody and visitation

Texas Family Code § 153.004 requires courts to consider certain evidence involving family violence when determining conservatorship and possession of children.

Depending on the evidence and statutory findings, family violence may affect:

• Whether joint managing conservatorship is appropriate.
• The conditions under which a parent may exercise possession.
• Whether supervised visitation or other safety restrictions are necessary.
• The court's assessment of the child's best interests.

A protective order does not automatically terminate parental rights. Its significance depends on the findings, the applicable statutes, and the circumstances of the case.

Divorce and marital property

Protective orders and temporary orders may also affect occupancy of the marital residence, contact between spouses, and other practical aspects of divorce litigation.

The court may address immediate safety concerns while separately resolving property division, support, and conservatorship.

A protective-order proceeding should therefore be evaluated alongside any pending divorce or custody case.

Can You Fight a Protective Order in Texas?

Yes. A respondent who receives notice of a protective-order application generally has the opportunity to contest the allegations at the hearing.

The response should focus on the specific statutory requirements and the evidence relevant to those requirements.

Potentially important materials include communications, witness testimony, photographs, recordings obtained lawfully, and other admissible evidence.

A respondent should also examine whether the application accurately describes the alleged incidents, whether the allegations satisfy the statutory definition of family violence, and whether the requested restrictions are authorized by law.

A protective-order proceeding is not an opportunity to ignore temporary restrictions while disputing the allegations.

Any existing order should be followed unless and until it expires or is modified by the court.

Are Texas Protective Orders Public Records?

Protective-order proceedings may generate court records that can be accessible to the public, subject to applicable confidentiality laws, sealing requirements, and access restrictions.

Certain identifying information may receive statutory protection.

The fact that an application was denied or dismissed does not necessarily mean that every associated record disappears.

Likewise, criminal expunction procedures do not automatically eliminate an independent civil protective-order record.

Anyone concerned about background checks or the disclosure of protective-order records should determine precisely what records exist and which confidentiality or record-clearing laws, if any, apply.

Frequently Asked Questions About Texas Protective Orders

Can someone get a protective order without a police report?

Yes. A police report is not necessarily required to file an application or obtain a family-violence protective order. The court evaluates the evidence and applicable statutory requirements.

Can a protective order be issued without an arrest?

Yes. Civil protective-order proceedings are distinct from criminal prosecutions. An arrest or criminal conviction is not always required.

Is a protective order the same as a no-contact order?

Not necessarily. A protective order may contain no-contact restrictions, but the scope of those restrictions depends on the governing law and the language of the order.

Can a protective order be dismissed or modified?

Texas law provides procedures for review or modification in qualifying circumstances. The availability of relief depends on the order and applicable statutory provisions. A party should not assume that reconciliation automatically terminates the order.

Can a protective order affect gun ownership?

Yes. Certain Texas protective orders and applicable federal laws can restrict firearm possession. The consequences depend on the order's findings, duration, procedural history, and the relevant state and federal statutes.

What should I do if I am served with a protective-order application?

Read the application and any temporary order carefully, identify the hearing date, preserve relevant evidence, and consult an attorney promptly. Do not contact the applicant in a manner prohibited by an existing order.

Why Legal Representation Matters in Texas Protective-Order Cases

Protective-order proceedings can move quickly, and the consequences can extend beyond the immediate hearing.

For an applicant, the central concerns may include personal safety, enforceable restrictions, and coordination with an existing family-law proceeding.

For a respondent, the concerns may include defending against allegations, ensuring procedural fairness, and understanding the restrictions that could result from an adverse ruling.

Effective representation requires careful attention to the governing statutes, admissible evidence, and the relationship between protective-order proceedings and other litigation.

Speak With a Texas Attorney About Protective Orders or Restraining Orders

Protective orders and restraining orders serve different legal purposes, but both can significantly affect the rights and obligations of the parties involved.

Whether you are seeking protection, responding to an application, or facing related divorce or custody litigation, understanding the applicable legal procedures is essential.

David C. Barsalou, Attorney at Law, PLLC, assists clients with Texas family-law and civil-litigation matters, including disputes involving temporary court orders and related proceedings.

This article provides general information about Texas law and does not constitute legal advice. The application of the law depends on the facts of each case and the statutes and rules in effect.

At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.