Texas Order of Protection Guide
Texas Family Code Chapter 82 protective orders, Magistrate's Order for Emergency Protection (MOEP), and the permanent-order exceptions for aggravated cases
⚠ IN IMMEDIATE DANGER?
Call 911 or the National Domestic Violence Hotline: 1-800-799-7233 (24/7, free, confidential). This page is informational — not a substitute for emergency help.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor · Last updated
Texas Protective Order Framework
Texas uses a three-tier protective order system under Family Code Chapters 82-85: (1) Magistrate's Order for Emergency Protection (MOEP) under CCP Art. 17.292 — automatic after arrest for family violence, 61-121 days; (2) Temporary Ex Parte Protective Order under Chapter 83 — up to 20 days; (3) Final Protective Order under Chapter 85 — up to 2 years standard, potentially permanent for aggravated cases.
The MOEP is unique to Texas — it's automatic after arrest for qualifying offenses (family violence, sexual assault, stalking, trafficking, child injury) and does NOT require victim application. The magistrate issues it at arraignment/bail. This is particularly helpful for victims who don't have immediate access to civil court but have already engaged with law enforcement.
Final protective orders normally last up to 2 years, but Texas allows permanent orders in limited circumstances: (1) respondent committed a felony involving family violence, (2) respondent caused serious bodily injury, OR (3) respondent has two or more prior protective orders. Violation penalties: Class A misdemeanor (Penal Code §25.07), up to 1 year jail + $4,000 fine; Third-Degree Felony (2-10 years) if repeat offender OR involving assault/stalking.
Texas Order Types & Durations
Texas offers three order paths — MOEP via criminal arrest, Temporary Ex Parte + Final via civil petition:
Magistrate's Order for Emergency Protection (MOEP)
CCP Art. 17.292
Does NOT require victim application. Issued by magistrate at arraignment/bail.
Temporary Ex Parte Protective Order
Family Code Ch. 83
Final Protective Order
Family Code Ch. 85
Permanent requires: felony involving family violence, serious bodily injury, OR 2+ prior protective orders against respondent
Who Can File in Texas
Chapter 82 applicants: victims of family violence, sexual assault, stalking, or trafficking. 'Family violence' under §71.004 requires: act by a family or household member intended to result in physical harm, bodily injury, assault, sexual assault, or threat placing victim in fear of imminent harm. 'Family/household members' include: spouses/former spouses, parents/children, foster parents/children, persons in dating/engagement relationship, and persons who reside or have resided together. Dating relationships are covered — broader than some states.
Enforcement & Firearm Surrender in Texas
Violation of protective order under Penal Code §25.07 = Class A misdemeanor (up to 1 year jail + $4,000 fine). Elevated to Third-Degree Felony (2-10 years prison + $10,000 fine) if: (a) respondent has 2+ prior convictions under §25.07, OR (b) violation involved assault or stalking. Firearm surrender: protective order may order surrender of firearms; federal 18 USC §922(g)(8) independently prohibits firearm possession under qualifying orders. Texas CHL (Concealed Handgun License) is suspended automatically — court sends copy to DPS. Federal Rahimi (2024) confirmed constitutionality of firearm prohibition.
Step-by-Step: Filing in Texas
Texas filing uses standard OCA (Office of Court Administration) forms:
- 1
Use OCA standard form
Texas Office of Court Administration provides statewide uniform application. Texas Law Help provides free self-help guides + completion assistance.
- 2
File at district or county court
File in county where applicant resides OR where family violence occurred. No fee for family violence victims.
- 3
Judge issues ex parte if 'clear and present danger'
Same-day ex parte order possible. HB 16 (Dec 2025) added procedural amendments to Chapter 82 — verify current form.
- 4
Service on respondent
Sheriff or constable serves respondent with Temporary Ex Parte + hearing notice. Firearm prohibitions under federal 18 USC §922(g)(8) may trigger upon service.
- 5
Contested final hearing
Both parties appear. Often concurrent with SAPCR (Suit Affecting the Parent-Child Relationship) if children involved — strongly consider attorney representation.
When You Need an Attorney in Texas
Initial filing is self-help friendly — Texas Law Help provides free guides. Attorney representation becomes essential when: (1) contested final order hearing (respondent almost always has counsel), (2) concurrent SAPCR (Suit Affecting the Parent-Child Relationship) — if children are involved, most TX protective orders have custody/visitation implications requiring careful drafting, (3) permanent order (requires specific factual findings per §85.025), (4) appeals or modifications, (5) interstate enforcement. Pro bono: Texas Legal Services Center, local DV organizations, Texas RioGrande Legal Aid. Many counties have dedicated DV attorneys who take cases pro bono or on sliding scale.
Texas Order of Protection FAQs
What's the difference between an MOEP and a protective order in Texas?
MOEP (Magistrate's Order for Emergency Protection): automatic after arrest for family violence/sexual assault/stalking/trafficking. Issued by magistrate at arraignment, NO victim application needed. Lasts 61-121 days. Protective Order (Chapter 82): civil petition filed by victim in district/county court. Temporary ex parte (20 days) → final (2 years or permanent). You can have BOTH simultaneously — MOEP is limited in time + scope; civil order provides longer + broader protection.
Can I get a permanent protective order in Texas?
Yes, but only in aggravated circumstances. Under §85.025, permanent protective orders require: (a) respondent committed a felony involving family violence, (b) respondent caused serious bodily injury, OR (c) respondent has 2 or more prior protective orders. Standard duration is 2 years. Permanent orders require specific factual findings by the court — strong recommendation to retain an attorney for this request.
Does the MOEP require a firearm surrender?
Not automatically under state law, though courts may order firearm surrender as a condition. Federal 18 USC §922(g)(8) firearm prohibition typically does NOT attach to MOEPs because they're issued without respondent's notice/hearing — federal law requires prior adversarial hearing. This is a known gap. Civil Chapter 85 orders (final protective orders) DO trigger federal firearm prohibition. For firearm concerns, pursue both MOEP and civil Chapter 85 final order.
What are the changes under HB 16 (December 2025)?
HB 16 (Acts 89th Leg., 2nd C.S., Ch. 7, effective December 4, 2025) includes procedural amendments to Chapter 82 application requirements. Specific substantive scope should be verified with the Texas Legislature Online — this is very recent legislation. Core protective order framework remains intact. Consult a TX attorney for case-specific guidance on any HB 16 impacts.
How long does a Texas protective order last?
MOEP: 61-91 days standard, 91-121 days if deadly weapon or serious bodily injury involved. Temporary Ex Parte: up to 20 days, extendable. Final Protective Order: up to 2 years standard. Permanent (aggravated cases only): may exceed 2 years or be permanent. No 5-year cap like California. Renewals: file motion to extend; court may extend if continuing danger shown.
Pending Texas Issues
Active legal developments (as of April 2026):
- HB 16 (Dec 4, 2025, 89th Leg. 2nd C.S., Ch. 7) — procedural Chapter 82 amendments. Full text review recommended before publishing specifics.
- 'Permanent' protective orders in TX require specific factual findings — do not present as standard option without statutory caveats.
- Violation penalties: Class A misdemeanor (Penal §25.07); 3rd-degree felony with 2+ prior convictions OR violation involving assault/stalking.
Informational only — consult a licensed attorney immediately for urgent cases.
Primary Sources
- statutes.capitol.texas.gov/Docs/FA/htm/FA.82.htm
- statutes.capitol.texas.gov/Docs/FA/htm/FA.85.htm
- www.womenslaw.org/laws/tx/statutes/art-17292-magistrates-order-emergency-protection
- guides.sll.texas.gov/protective-orders/types