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Stalking and sexual assault protective orders in Texas
In short: Code of Criminal Procedure Chapter 7B lets a court issue a protective order for a victim of stalking, sexual assault, indecency with a child, trafficking and certain other offenses, regardless of any relationship between the parties (7B.001). The court issues it if there are reasonable grounds to believe the applicant is a victim (7B.003). It can last up to the lifetime of the parties, and violating it is a crime under Penal Code 25.07.
How is this different from a family violence protective order?
A family violence protective order under the Family Code depends on a family, household or dating relationship. A Chapter 7B order does not. It covers offenses such as stalking (Penal Code 42.072), sexual assault and aggravated sexual assault (22.011, 22.021), continuous sexual abuse of a young child (21.02), indecency with a child (21.11), trafficking (20A.02, 20A.03), compelling prostitution (43.05) and certain burglaries (30.02), whatever the relationship (7B.001).
Who can apply?
The victim, an adult acting for a victim who is a minor or an adult ward, or a prosecutor can file. After a conviction or deferred adjudication for a covered offense, Article 7B.001(a-1) and (a-2) require the prosecutor to file an application on the victim's behalf unless the victim asks the prosecutor not to.
What does the court have to find?
| Stage | What happens | Law |
|---|---|---|
| Temporary ex parte order | Available without notice if the application shows a clear and present danger of the covered conduct | CCP 7B.002 |
| Final order | Issued if the court finds reasonable grounds to believe the applicant is a victim of a covered offense | CCP 7B.003 |
| Duration | Any period the court states, up to the lifetime of the parties; two years if no period is stated | CCP 7B.007(a) |
| Lifetime registrant | The order lasts for the lifetime of the offender when the offender is convicted or placed on deferred for certain covered offenses and must register for life | CCP 7B.007 |
The standard is "reasonable grounds," not proof beyond a reasonable doubt, and there does not need to be a criminal conviction first. A respondent can still contest the application at the hearing with evidence and witnesses.
Can the order be ended?
Article 7B.007(b) lets an adult victim, a parent or guardian acting for a minor victim (unless that parent is the alleged offender), or the person who filed the application ask the court at any time to rescind the order. The statute does not give the respondent the same right, and Article 7B.007(c) says it prevails over the Family Code's duration rules where they conflict. That makes the original hearing the respondent's main chance to contest the order.
What if the order is violated?
Penal Code 25.07 makes it a crime to violate a protective order issued under Chapter 7B, the same way it does for a family violence order. Read about violating a protective order and our protective order defense page.
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
Do you need a relationship to get a stalking protective order in Texas?
No. A Chapter 7B order is available regardless of the relationship between the applicant and the alleged offender (Code of Criminal Procedure 7B.001).
What does a court need to issue a Chapter 7B protective order?
A finding of reasonable grounds to believe the applicant is a victim of a covered offense such as stalking or sexual assault (Code of Criminal Procedure 7B.003).
How long does a Chapter 7B protective order last?
Any period the court sets, up to the lifetime of the parties. If no period is stated, it lasts two years (Code of Criminal Procedure 7B.007).
Is a conviction required for a stalking protective order?
No. A criminal conviction is not required, though after a conviction or deferred adjudication the prosecutor generally must file unless the victim declines.
Do not wait for your court date to get help. Call (214) 239-2013.
Phones and chat are answered 24/7, with AI covering when no staff is free.
This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.