There are three different kinds of protective orders in Texas. Each type of protective order differs in how long the order can last and how to get them. 

The "applicant" is the person protected by the order. The "respondent" is the person restricted by the order.

(Final) Protective Order

A judge can issue a protective order in a few scenarios:

• in family violence cases under Title 4, Subtitle B of the Texas Family Code;
• in sexual assault or abuse, indecent assault, stalking or trafficking cases under Chapter 7B of the Code of Criminal Procedure; or 
• if the respondent violated a temporary ex parte protective order.

These orders are often referred to as "final" protective orders.

A protective order can last up to two years. In certain circumstances, the order can be for longer periods of time. 

Temporary Ex Parte Protective Order

A judge can issue a temporary ex parte protective order if there is a clear and present danger of:

• family violence, as outlined in Chapter 83 of the Texas Family Code;
• sexual assault or abuse, indecent assault, stalking, trafficking, or other harm as discussed in Section 7B.002 of the Code of Criminal Procedure.

A hearing is not necessary for this type of order, unless it requires the respondent to leave their home. This is sometimes referred to as a kick-out order.

This order can last up to twenty days unless it is extended.

Magistrate's Order for Emergency Protection

A magistrate can issue emergency protective orders after a defendant is arrested for:

• family violence;
• sexual assault or abuse;
• indecent assault;
• stalking;
• trafficking; or
• other harm

These types of orders are governed by Article 17.292 of the Texas Code of Criminal Procedure.

A magistrate can decide on their own to issue the order, or the order can be requested by:

• the victim;
• the victim's guardian;
• a peace officer; or
• an attorney representing the state.

Emergency protective orders do not require an application. The order can last between 31 and 91 days, depending on the crime.

Texas Law

Understanding the Law

Protective orders are sometimes confused with restraining orders. In Texas, there are protective orders, temporary restraining orders, and peace bonds.

These orders can all provide protection for a person. They differ in how they are obtained and what they do.

Temporary Restraining Order (TRO)

A temporary restraining order (TRO) can be granted when there is an ongoing civil lawsuit. TROs are governed by Section 6.501 of the Texas Family Code and Rule 680 — 693a of the Texas Rules of Civil Procedure.

A TRO works by ordering parties not to take certain actions while the lawsuit is underway.

These orders may prohibit a party from harassing, harming, or threatening you and your children. A TRO can also order the other party not to harm your property.

Peace Bonds

A peace bond can be requested when someone has threatened you but has not caused you harm. These bonds are governed by Chapter 7 of the Texas Code of Criminal Procedure.

A peace bond works by warning the recipient not to cause harm. If that person breaks the peace bond, they will owe money to the court and face the possibility of arrest.

You can apply for a peace bond with a county justice of the peace court.

Texas Law

Understanding the Law