When family violence is involved, a protective order can provide important legal protections by restricting contact, threats, harassment, or certain other conduct. If you are seeking protection—or have been served with an order—one of the first questions you may have is how long the order will remain in effect.
The term DVRO, or Domestic Violence Restraining Order, is more commonly used in some other states. In Texas, these orders are generally referred to as family violence protective orders. The length of a Texas protective order depends on the type of order issued and the circumstances of the case. Texas courts state that most final protective orders last up to two years, although longer orders are possible in certain situations.
Temporary Protective Orders May Last Up to 20 Days
A Texas court may issue a Temporary Ex Parte Protective Order before the final protective order hearing when the legal requirements are met.
Under the Texas Family Code, a temporary ex parte protective order may remain in effect for a period specified by the court, but generally no longer than 20 days at a time. The order may also be extended for additional 20-day periods under circumstances permitted by law.
These temporary orders are designed to provide protection while the court prepares to hold a hearing on whether a longer-term protective order should be issued. Texas court materials indicate that this hearing generally occurs within approximately two weeks.
Final Protective Orders Usually Last Up to Two Years
After a hearing, the judge may issue a final protective order if the legal requirements are satisfied.
In most family violence cases, a Texas protective order will remain effective for the period stated in the order, generally up to two years. If the order does not specify an expiration date, Texas law provides rules determining when it expires.
The exact duration can depend on the facts presented to the court, including the nature and severity of the family violence involved.
Some Protective Orders Can Last Longer Than Two Years
Texas law allows a judge to issue certain protective orders lasting more than two years when specific circumstances exist.
This may include cases in which the respondent committed conduct constituting a felony offense involving family violence, caused serious bodily injury, or has previously been the subject of multiple protective orders protecting the same person and meeting the statutory requirements.
Because these longer orders require additional findings, the facts and evidence presented to the court can have a significant impact on how long the protective order remains effective.
Protective Orders Can Affect Custody and Family Law Issues
A protective order can do more than prohibit contact between two people.
Depending on the circumstances, a Texas court may also issue orders addressing possession of a home or vehicle, child custody, visitation, child support, spousal support, and protection of pets.
This can be especially important when a protective order is requested during a divorce or child custody case. Allegations of family violence may affect multiple issues involving the parents and children, making it important to understand how the protective order relates to the broader family law case.
What Happens When a Protective Order Expires?
The restrictions imposed by a protective order generally remain enforceable for as long as the order is legally effective. A person subject to an order should not assume that the restrictions have changed or ended without carefully reviewing the order and any subsequent court action.
Likewise, someone who believes continued protection may be necessary should address the issue before relying on assumptions about the expiration date. Texas law contains specific rules governing the duration and modification of protective orders, and the appropriate next step will depend on the circumstances of the individual case.
An experienced Texas family law attorney can help you understand the terms of a protective order, how long it will remain in effect, and how it may affect a pending divorce or custody matter.
Jamie Jordan Law represents individuals and families throughout Fort Bend County and Brazoria County in protective order matters, domestic violence cases, divorce, child custody, and other Texas family law matters.
Contact Jamie Jordan Law to schedule a confidential consultation and discuss your rights, options, and next steps involving a Texas protective order.