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How long does a protective order last in Texas?

Published · Texas Criminal Defense Attorneys PLLC

In short: It depends on the type. A final protective order usually lasts up to 2 years, and longer in situations listed in Family Code 85.025. A temporary ex parte order lasts up to 20 days and can be extended (83.002). A magistrate's emergency order issued on or after September 1, 2025 lasts 61 to 91 days, or 91 to 121 days in deadly-weapon cases (Code of Criminal Procedure 17.292(j)).

Final protective orders

Under Family Code 85.025, a final order lasts for the period stated in it, up to 2 years. If it does not state a period, it lasts 2 years. A court can order a longer period, including in cases involving serious bodily injury or repeated violations, as the statute provides. A respondent can ask the court to review whether the order is still needed after the first anniversary (85.025(b)).

Temporary ex parte orders

Signed without a hearing, they last up to 20 days and can be extended in 20-day periods (Family Code 83.002), usually until the hearing on the final order.

Emergency orders after an arrest

The 2025 Legislature lengthened these orders by 30 days (SB 2196). Orders issued before September 1, 2025 keep the old ranges of 31 to 61 or 61 to 91 days. See emergency protective orders.

Can an order end early?

Only if the court modifies or vacates it. Until then, follow it, even if the protected person agrees to contact.

Protective order durations at a glance

How long Texas protective orders last
Type of orderTypical durationSource
Magistrate's emergency order after an arrest (issued on or after Sept. 1, 2025)61 to 91 days; 91 to 121 days if a deadly weapon was involvedCode of Criminal Procedure 17.292
Temporary ex parte orderUp to 20 days, and can be extendedFamily Code 83.002
Final family violence protective orderUp to 2 years; 2 years if no date is stated; longer in listed situationsFamily Code 85.025
Sexual assault, stalking or trafficking protective orderCan last for the lives of the parties, or a shorter period set by the courtCode of Criminal Procedure 7B.007

When can a final order last longer than two years?

A court can render a final family violence protective order longer than two years if it finds, for example, that the respondent committed a felony offense involving family violence against the applicant or a household member, caused serious bodily injury, or was the subject of two or more previous protective orders protecting the same person (Family Code 85.025).

Can I ask the court to review or end an order?

A person subject to an order lasting more than one year can file a motion asking the court to review it after the first anniversary, and the court decides whether there is still a continuing need for the order (Family Code 85.025(b)). Either party can also ask to modify an order (Family Code chapter 87). Agreement between the parties does not end the order; only a court can.

What if I am in jail when the order would expire?

If the respondent is confined or imprisoned on the date the order would expire, Texas law can extend the order for a period after release. Check the specific order and statute with a lawyer.

What does the order require while it lasts?

A violation can be a new criminal charge (Penal Code 25.07). See violation of a protective order.

Where are these cases heard outside Dallas?

A protective order case is usually filed in a civil court in the county where the applicant or respondent lives, while any related criminal case is filed where the offense is alleged to have happened. We handle cases from our only office, in downtown Dallas, in 12 North Texas counties. Each county page lists the courthouse, the prosecutor's office and the jail: Dallas, Tarrant, Collin, Denton, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Hunt, Navarro.

An example timeline

  1. Day 0: arrest and a magistrate's emergency order lasting 61 to 91 days
  2. Week 1: the alleged victim files an application for a protective order; a temporary ex parte order is signed and served
  3. About two weeks later: the hearing on the application
  4. If granted: a final order for up to two years
  5. After one year (for longer orders): the respondent may ask for review

The emergency order, the temporary order and the final order can overlap. Follow the strictest terms of every order in effect.

Key terms

Ex parte order
A temporary order signed without first hearing from the respondent.
Respondent
The person a protective order is sought against.
Emergency protective order
A magistrate's order after an arrest that can require the accused to stay away from the alleged victim.
Family violence finding
A finding in the judgment that the offense involved family violence, which affects enhancement, sealing and firearms.

Common mistakes to avoid

How do I get started?

The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013 or start a chat. Phones and chat are answered 24/7, with AI covering when no staff is free.

Last updated October 2026

Common questions

Can a protective order last for life in Texas?

Family Code 85.025 allows orders longer than 2 years in listed situations. Read your order for its exact expiration date.

Does the order end if we reconcile?

No. Only the court can change it.

Can a Texas protective order last for life?

Protective orders for victims of sexual assault, stalking or trafficking under Code of Criminal Procedure chapter 7B can last for the lives of the parties. Family violence orders usually last up to two years, longer in listed situations.

Does a protective order end if we get back together?

No. Only a court can end or change the order.

How long does a temporary ex parte protective order last in Texas?

Up to 20 days, and it can be extended (Family Code 83.002).

Do not wait for your court date to get help. Call (214) 239-2013.

Call (214) 239-2013

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This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.

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