Families in Brownsville and the Rio Grande Valley sometimes need a court order to stop family violence or dating violence. Texas law provides a specific process for a "protective order" in Title 4 of the Texas Family Code. This article explains, in plain language, who may apply, where to file, what a temporary ex parte order is, what a final order may include, and how long orders generally last. Sources were checked on October 27, 2026. This article does not evaluate any person's situation or predict any outcome.

If you are in immediate danger, call 911.

What counts as family violence

Section 71.004 of the Texas Family Code defines "family violence." In general terms, the definition covers certain acts by a member of a family or household against another member, abuse of a child, and dating violence.

Who may apply and where

Chapter 82 of the Family Code covers applications. A case begins by filing "An Application for a Protective Order" with the clerk of the court (section 82.001).

Section 82.002 lists who may file:

  • An adult member of the family or household, to protect the applicant or any other member of the family or household
  • A member of a dating relationship, to protect the applicant
  • Any adult, to protect a child from family violence
  • A prosecuting attorney or the Texas Department of Family and Protective Services, for the protection of a person alleged to be a victim (in Cameron County, the District Attorney's Office can explain how it handles applications)

Section 82.003 says an application may be filed in the county where the applicant lives, the county where the respondent lives, or any county where the family violence is alleged to have occurred.

If a divorce or a suit affecting the parent-child relationship is already pending, section 85.062 says a party may apply in the court where that suit is pending, or in a court in the county where the applicant lives if the applicant lives outside that court's jurisdiction. Our earlier article on starting a Texas divorce and temporary orders explains how a divorce case begins.

The official application form

Section 82.004 says a person filing an application shall use the protective order application form created by the Office of Court Administration (OCA). The application includes, among other things, the name of each applicant, the name and county of residence of the person alleged to have committed family violence, their relationship, and a request for one or more protective orders.

The Texas Judicial Branch posts the standardized protective order forms. The page says applicants and courts are required by law to use the mandatory forms, lists forms for use beginning September 1, 2025, and provides Spanish versions of the application and instructions.

Keeping an address confidential

Section 82.011 says that, on request, the court shall protect the applicant's mailing address and county of residence, including by ordering the clerk to keep a confidential record and prohibiting release of that information to the respondent.

Temporary ex parte orders

Chapter 83 covers temporary ex parte orders, which a court may issue without first notifying the other person.

  • Standard. Section 83.001 says that if the court finds from the application that there is a clear and present danger of family violence, the court may enter a temporary ex parte order without further notice and without a hearing.
  • What the application must show. Section 82.009 says the application must contain a detailed description of the facts and the need for the immediate order, signed under oath.
  • How long it lasts. Section 83.002 says a temporary ex parte order is valid for the period stated in the order, not to exceed 20 days, and may be extended for additional 20-day periods.
  • Motion to vacate. Section 83.004 says any person affected by the order may file a motion to vacate at any time, and the court shall set a hearing as soon as possible.

Notice and the hearing

Section 82.043 says the respondent is entitled to service of notice of the application, served like a citation under the Texas Rules of Civil Procedure, except that service by publication is not allowed. Section 82.041 requires the notice to tell the respondent, among other things, that they may hire an attorney, that a written answer is not required, that if the notice is received within 48 hours before the hearing they may ask the court to reschedule the hearing to a date not later than 14 days after the original date, and that a default order may be issued if they do not attend.

Under section 85.001 of Chapter 85, at the close of the hearing the court shall find whether family violence has occurred. If it has, the court shall render a protective order applying to the person found to have committed family violence.

What a final protective order may include

Section 85.022 says the court may prohibit the person found to have committed family violence from, among other things:

  • Committing family violence
  • Communicating with protected persons in a threatening or harassing manner, or, with good cause, in any manner except through an attorney or a court-appointed person
  • Going to or near specified homes, workplaces, schools, or child-care facilities, with each location and any minimum distance described in the order
  • Possessing a firearm, with an exception for certain peace officers
  • Harming or interfering with a pet or assistance animal
  • Tracking or monitoring a protected person's property or vehicle without consent

Section 85.022 also says the court shall suspend a license to carry a handgun held by a person found to have committed family violence.

How long an order lasts

Section 85.025 says a protective order is generally effective for the period stated in the order, not to exceed two years, or, if no period is stated, until the second anniversary of the date it was issued. The court may set a longer period if it makes certain findings, such as a felony offense involving family violence, serious bodily injury, or two or more previous protective orders. Different end dates apply when there is a pending divorce, a suit affecting the parent-child relationship, or a related criminal case.

The person subject to the order may file a motion, not earlier than the first anniversary of the order, asking the court to review whether there is a continuing need for it.

Step by step: applying for a protective order

1. Get to safety

If there is immediate danger, call 911.

2. Get the OCA forms

Download the application and instructions from the Texas Judicial Branch page, in English or Spanish.

3. Write down the facts

List dates, places, and what happened. If you are asking for a temporary ex parte order, the application must give a detailed description signed under oath.

4. File with the clerk

File in a county allowed by section 82.003, or in the court where a divorce or custody case is pending.

5. Keep copies of the order

Keep the order with you. Section 85.042 requires the clerk to send copies to the police or sheriff where the protected person lives.

Frequently asked questions

Does the respondent have to file an answer?

No. Section 82.021 says the respondent may file an answer before the hearing but is not required to.

What if I already have a custody order?

Section 85.026 says each protective order must state that it prevails over conflicting divorce or custody orders to the extent of the conflict. Our earlier articles on the Texas Standard Possession Order and modifying a custody or support order explain those orders.

Questions in Brownsville and South Texas

Families in Brownsville and the Rio Grande Valley often want to understand the protective order process before going to court. CRG Law's Brownsville office works with clients on family law matters that include divorce, custody, and child support. Contact the office with questions about these basics.