Texas Family-Violence Protective Orders: Eligibility, Findings and Duration
How Texas Family Code Title 4 defines family violence, who may seek a protective order, what a court must find, how long orders can last, and the 2025 conflict-and-transfer update in SB 1559.
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Key Takeaways
- • Texas family-violence protective orders are governed by Family Code Title 4, including Chapters 71, 82, 83, and 85.
- • A final protective order requires the statutory findings in Section 85.001; temporary ex parte relief uses a separate emergency framework.
- • Section 85.025 governs duration and allows some orders to last longer than the ordinary period when specified statutory findings are made.
- • Effective September 1, 2025, SB 1559 added rules making a valid protective order prevail over conflicting divorce or parent-child orders while it remains valid and subject to transfer, and revised the transfer process.
A Texas protective order is a court order, not the same thing as a police report, criminal charge, restraining request, or informal no-contact agreement. Family Code Title 4 supplies the civil family-violence framework.
Safety-sensitive cases can move quickly and may involve temporary ex parte orders before a final hearing. This guide explains the statutory structure, not individualized safety planning or legal strategy.
Family Code Title 4 controls the family-violence framework
Chapter 71 defines key terms including family violence, family, household, and dating relationship. Chapter 82 governs applications, Chapter 83 addresses temporary ex parte orders, and Chapter 85 governs final protective orders and their contents.
The court must make statutory findings for a final order
Section 85.001 identifies the findings that support issuance of a protective order after the hearing. The court may then impose the protections authorized by Chapter 85 based on the facts and statutory requirements.
Duration depends on Section 85.025
Section 85.025 provides the general duration rules and circumstances under which a protective order can remain effective for a longer period. The actual expiration date and terms in the signed order control unless the order is lawfully modified, transferred, or otherwise changed by a court.
SB 1559 changed conflicts and transfers in 2025
Effective September 1, 2025, SB 1559 added Family Code Section 81.012 so a protective order, including a temporary ex parte order, prevails to the extent of a conflict with specified divorce or parent-child orders while the protective order remains valid and subject to transfer. The bill also revised Section 85.064 transfer procedures and added safety-focused findings and notice requirements.
Frequently Asked Questions
Is a Texas protective order the same as a criminal case?
No. A protective order under Family Code Title 4 is a court order with its own civil statutory process, though violating an order can create separate criminal and contempt consequences.
How long does a Texas family-violence protective order last?
Section 85.025 governs duration. The ordinary rule and longer-duration provisions depend on the findings and terms in the particular order.
What happens if a protective order conflicts with a divorce or custody order?
For qualifying orders issued under the current law, Section 81.012 provides that the protective order prevails to the extent of the conflict while it is valid and subject to transfer. SB 1559 also revised the transfer procedure effective September 1, 2025.