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EspañolCan I get my protection order enforced in Texas? What are the requirements?
Your protection order can be enforced in Texas as long as:
- It was issued to prevent violent or threatening acts, harassing behavior, or sexual violence, or it was issued to prevent another person from coming near you or contacting you.1
- The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
- The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story. In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.2
Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.
1 18 U.S.C. § 2266(5)
2 18 U.S.C. § 2265(a), (b)
What happens if the protective order was never served on the abuser and now the abuser violates the order?
If you report a violation in Texas of an out-of-state protective order that was never served on the abuser, the officer is not necessarily required to arrest the abuser for the violation. The officer has to inform the abuser of the order and make a reasonable effort to serve the order on him/her. Then the officer has to allow the abuser a reasonable opportunity to follow what the order says before enforcing it.1 Therefore, s/he might not be arrested for the first violation that you report since s/he had not been served with the order at the time s/he “violated” it. However, the officer can still arrest the abuser for any other crime committed at the time.
1 Tex. Fam. Code § 88.004(d)
Can I have my out-of-state protection order changed, extended, or canceled in Texas?
Generally, only the state that issued your protection order can change, extend, or cancel it. To have your order changed, extended, or canceled, you will likely have to file a motion or petition in the court where the order was issued. You may be able to ask to attend the court hearing by telephone or video rather than in person so that you do not need to return to the state where the abuser lives. Find out if this is possible by calling the clerk of the court that issued your order. To learn more about changing your order, see the Restraining Orders page for the state where your order was issued. To get the information for the court that issued your order, go to Courthouse Locations and choose the state from the drop-down menu.
If your order expires while you are living in Texas, you may be able to get a new protection order in Texas. However, this may be difficult to do if no new incidents of abuse have occurred in Texas. To find out how to get a protection order in Texas, visit our Texas Restraining Orders page.
I was granted temporary custody with my out-of-state protection order. Will I still have temporary custody of my children in Texas?
As long as the child custody part of your order meets the standards of certain federal laws, Texas can enforce it.1
To have someone read your order and tell you if it meets these standards, contact a lawyer in your area. To find a lawyer in your area, go to our Texas Finding a Lawyer page.
1 The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Parental Kidnapping Prevention Act of 1980.
