Protective Orders in Texas: A Primer for Advocates

Protective Orders in Texas: A Primer for Advocates 

TYPE WHO CAN FILE LENGTH REQUIREMENTS PROHIBITIONS ADDITIONAL INFORMATION AND TIPS 

Magistrate’s 

Order for 

Emergency 

Protection 

(MOEP or EPO) 

Code of Crim. 

Procedure, Art. 

17.292 

A victim of family 

violence, sexual 

assault, or stalking, 

a victim’s guardian, 

peace officer, or a 

district attorney, or 

the magistrate on his/ 

her own motion. 

31- 61 days. If the 

incident includes a 

deadly weapon, 

61-91 days. 

Offender must be 

arrested for a MOEP 

to be issued. 

1. Committing family violence, 

sexual assault or stalking. 

2. Threats/harassment 

3. Being near the victim and 

certain locations. 

4. Possessing a firearm. 

• MOEPs are mandatory in cases of family violence that involved serious bodily injury. 

• At the judge’s discretion, the abuser may be required to wear a GPS device. 

• Physical addresses can be removed from the order. 

• A MOEP supersedes prior custody orders. 

• A MOEP is criminally enforceable. 

• How to Apply: law enforcement or prosecutor’s office should request MOEP within 

48 hrs of arrest. 

Temporary Ex 

Parte (TEXPO) 

Code of Crim. 

Procedure, Art. 

7A.; Family Code, 

Ch. 83 

A minor or adult 

victim of family/ 

dating violence, 

sexual assault, or 

stalking. The Dept. of 

Family and Protective 

Services (DFPS) or a 

prosecutor. 

Until the hearing for 

final protective order, 

usually 20 days. 

Finding of clear and 

present danger of 

family violence, sexual 

assault, or stalking 

1. Failing to vacate the shared 

home, if ordered. 

2. Other acts enumerated in 

family violence, sexual assault 

or stalking protective orders 

(see below). 

3. Other acts specified by the court 

to prevent further violence. 

• TEXPOs are criminally enforceable after the respondent has been served. 

• Courts can extend TEXPOs in 20 day increments to obtain service on the offender. 

• Domestic violence victim’s new partner may seek their own protective order against 

victim’s ex-partner. 

• How to Apply: This order is issued at the initial hearing for a protective order. To apply 

for a TEXPO, apply for a family violence, sexual assault, or stalking protective order. 

Family Violence 

Protective Order 

Family Code, Title 

4, Subtitle B 


victim of family or 

dating violence, 

prosecutors or DFPS. 

Two or more years 

Finding that family or 

dating violence has 

occurred and is likely 

to occur in the future 



2. Taking or destroying property. 

3. Harming or removing a pet. 

4. Committing family violence. 





• Can order spousal/child support or possession of kids & property. 

• Can order the respondent to attend a BIPP. 

• This order is enforceable in all counties, states and territories. 

• Physical addresses can be confidential. 

• Domestic violence victim’s new partner may seek their own protective order against 

victim’s ex-partner. 

• The victim must bring copy of divorce decree and other protective orders, if applicable. 

If available, any medical or police reports may be helpful. 

• Can be filed by prosecutor, individuals or in divorce or custody cases. 

Sexual Assault 


Code of Criminal 

Procedure, Ch. 7A 


victim of sexual 

assault or prosecutor. 

Any duration or two 

years if not specified. 

Reasonable grounds 

to believe the 

applicant is a victim 

of sexual assault. 





• No requirement to prove likelihood of future harm and/or sexual assault. 

• No criminal case is required. 

• Criminally enforceable through Penal Code § 38.112. 

Stalking 



Procedure, Ch. 7A 

An adult or minor 

victim of stalking, or 

prosecutor acting on 

behalf of victim. 




to believe applicant is 

a victim of stalking. 





• No criminal case is required. 

• Criminally enforceable through Penal Code § 38.112. 

• Provide any documentation of the stalker’s pattern of behavior to the prosecutor or court. 

For more information, contact the Texas Association Against Sexual Assault at (512) 474-7190 or the Texas Council on Family Violence at 1-800-525-1978. Version 8/2012.

Protective Orders in Texas: A Primer for Advocates 

TYPE WHO CAN FILE LENGTH REQUIREMENTS PROHIBITIONS ADDITIONAL INFORMATION AND TIPS 

Stalking 



Procedure, Art. 6.09 


victim of stalking 

whose offender 

has been criminally 

charged with stalking 

Two or more years 

Probable cause to 

believe that stalking 

occurred and the 

defendant is likely to 

stalk in the future 



2. Taking or destroying property. 

3. Harming or removing a pet. 

4. Committing family violence. 


6. Being near the victim and certain 

locations. 


• Filed at any proceeding in which the defendant appear before the court. 

• Victim must be present at hearing to request this type of order. 

• Procedure for enforcement is the same as a family violence protective order. 

Human Trafficking 

Pre-Trial Protective 

Order 


Procedure, Art. 7B.03 


victim of human 

trafficking who has 

a human trafficking 

criminal case or the 


behalf of the victim 

Until the date the 

criminal case is 

disposed. 


to believe applicant 

is a victim of 

human trafficking. 

Adult victims must 

also be subject of a 

threat that reasonably 

places the victim in 

fear of future harm 

from the offender. 



locations. 


• Filed while the human trafficking case is pending. 

• Protective orders issued under CCP Ch. 7B are not presently criminally enforceable. 

• May be civilly enforceable through contempt hearings. 

• Can be filed in the county where the victim or offender resides. 

Human Trafficking 

Post-Trial 



Procedure, Art. 7B. 


victim of human 

trafficking who has 

a human trafficking 

criminal case or the 


behalf of the victim. 




to believe applicant 

is a victim of 

human trafficking. 

Adult victims must 

also be subject of a 

threat that reasonably 

places the victim in 

fear of future harm 

from the offender. 



locations. 


• Filed after the human trafficking conviction. 

• Protective orders issued under CCP Ch. 7B are not presently criminally enforceable. 

• May be civilly enforceable through contempt hearings. 

• Can be filed in the county where the victim or offender resides. 

Military PO (MPO) 

DoD Instruction 

6400.06 

DD Form 2873, 

Code of Military 

Justice Art. 90 

Commanding 

Officer, victim, victim 

advocate, installation 

law enforcement, 

Family Advocacy 

Program or clinician 

At the Commanding 

Officer’s discretion, 

may be short 

(e.g., 10 days) 

Violence between 

current or exspouses, 

parents of 

same child or cohabitating 

partners 


residence 

2. Possessing a firearms 

3. Contacting protected persons 

directly or through third party 

4. Other requirements, as directed 

by Commanding Officer 

5. Required to attend counseling 

• The military can enforce a civilian protective order. 

• Courts must notify base if a civilian PO is issued against a military member. 

• The Commanding Officer can issue a MPO even if a civilian order exists. 

• The MPO can be enforced on and off base. 

• An MPO cannot be issued against a civilian, even if the victim is military. 

• MPO paperwork must be destroyed six months after expiration, so encourage victims to 

keep a copy if proof of the order would be helpful in the future. 

• If the military member is transferred to a new command, MPO expires. 

• How to Apply: Commanding Officers can issue a MPO at the request of a victim, 

victim advocate, law enforcement, or Family Advocacy Program staff. 

• Enforcement of MPO is totally at the discretion of the Commanding Officer. 

For more information, contact the Texas Association Against Sexual Assault at (512) 474-7190 or the Texas Council on Family Violence at 1-800-525-1978. Version 8/2012.

Protective Orders in Texas: A Primer for Advocates

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