AUSTIN PROTECTIVE ORDERS — APPLYING AND DEFENDING
Texas law provides multiple protective order mechanisms. An Emergency Protective Order (EPO) is issued by a judge at the magistration of an arrested family violence offender — automatically and without a hearing. A Temporary Ex Parte Protective Order can be obtained within hours by a family violence victim from Travis County family court. A Final Protective Order (FPO) is issued after a full hearing and lasts up to 2 years — or longer in extreme cases.
Violating a protective order is a criminal offense. Even technical violations — a text message, driving by the protected person's home — constitute criminal contempt and can result in arrest and prosecution. Our attorneys advise clients on strict compliance and defend against alleged violations aggressively.
Types of Protective Orders in Texas
Emergency Protective Order (EPO)Automatically issued at magistration after a family violence arrest — prohibits contact immediately, lasts 31–91 days
Temporary Ex Parte OrderIssued within hours by a Travis County family judge on the victim's application alone, before the respondent is heard — lasts until the full hearing
Final Protective Order (FPO)Issued after a hearing where both parties may present evidence — lasts up to 2 years, can be extended or made permanent
Magistrate's Order for Emergency ProtectionEmergency order issued by a magistrate at initial appearance — covers family violence, sexual assault, stalking, and trafficking
Violation of Protective OrderClass A misdemeanor (first violation) to third degree felony (two or more prior violations or use of weapon)
Permanent Protective OrderAvailable in cases involving serious bodily injury or use/display of a deadly weapon — no expiration
How to Apply for a Protective Order in Austin TX
1
Family Violence Shelter
SafePlace Austin and other local shelters provide free assistance applying for protective orders and have attorneys available.
2
Travis County Family Court (1000 Guadalupe)
Applications for temporary ex parte protective orders are filed with the Travis County District Clerk during business hours.
3
Austin Police Department
APD can issue emergency protective orders at the scene of a family violence call — these take effect immediately.
4
Travis County District Attorney's Office
The DA's office handles criminal protective orders issued as conditions of bond in criminal cases.
5
Texas Legal Services Center
Free legal services for low-income Austin residents seeking protective orders are available through TLSC.
If a Protective Order Has Been Filed Against You
Do not contact the applicant in any way — even to defend yourself — until you have an attorney
Attend the full hearing — failure to appear results in a default final order against you
Gather evidence: text messages, emails, photos, and witnesses that support your account
An order does not constitute a finding of guilt — you have the right to contest at the final hearing
Violations carry serious criminal consequences — strict compliance is non-negotiable
A final protective order affects your right to possess firearms under federal law
Frequently Asked Questions
How quickly can I get a protective order in Austin?▾
A temporary ex parte order can be issued the same day you apply in Travis County family court. Emergency protective orders are issued at the scene by police or at magistration — within hours of a family violence arrest.
How long does a protective order last in Texas?▾
Temporary ex parte orders last until the full hearing (typically 14–20 days). Final protective orders last up to 2 years. Permanent protective orders are available in cases involving serious bodily injury or deadly weapons.
Can a protective order be extended in Texas?▾
Yes. Final protective orders can be renewed or extended before they expire by filing in Travis County family court — or made permanent in qualifying cases.
What happens if someone violates a protective order in Austin?▾
The first violation is a Class A misdemeanor (up to 1 year jail). Two or more violations, or violations involving a deadly weapon, are third degree felonies. Police may arrest on probable cause alone.
Can I fight a protective order that was wrongfully filed against me?▾
Yes. You have the right to a full hearing before a final order is entered. Our attorneys present evidence and cross-examine the applicant to challenge false or exaggerated claims.
Does a protective order affect my right to own firearms?▾
A final protective order issued after a hearing prohibits firearm possession under 18 U.S.C. § 922(g)(8) — a federal firearms prohibition. This is a serious collateral consequence that your attorney addresses in the defense strategy.