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Legal Information: Texas

Restraining Orders

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Laws current as of February 29, 2024

What is the National Crime Information Center (NCIC) Registry? Who has access to it?

The National Crime Information Center Registry (NCIC) is a nationwide, electronic database used by law enforcement agencies in the U.S., Canada, and Puerto Rico. It is managed by the FBI and state law enforcement officials.

The state that issued your protection order may already have entered your order into the NCIC when you got the order. If not, your order could be entered into the NCIC if you register it in Texas. All law enforcement officials have access to the NCIC database, but the information is encrypted so outsiders cannot access it.

 

How do I register my protective order in Texas?

You do not have to register your protective order1 however it might make enforcement of the order easier if you do so.  To register your protective order, you must take a certified copy to either the local Sheriff’s Department or to the Department for Public Safety office.  You may be asked to sign an affidavit stating that you believe the protective order is valid.  You should be given a certified copy of your registered order.2

If you need help registering your protection order, you can contact a local domestic violence organization in Texas for assistance.  You can find contact information for organizations in your area here on our TX Advocates and Shelters page.

1 Tex. Fam. Code § 88.004(e)
2 Tex. Fam. Code § 88.005

Do I have to register my protective order in Texas in order to get it enforced?

Texas state law says an order does not have to be registered to be enforced, but the protective order must be valid.1

A police officer must treat an order as valid as long as it appears to be valid.2 A order appears valid if it:

  • contains your name and the abuser’s name;
  • is not expired;
  • the court that issued it had the authority (jurisdiction) to issue the order; and
  • the abuser was given notice of the protective order hearing and the opportunity to attend the court hearing before the order was issued or, in the case of an ex parte temporary order, soon after the order was issued.3

1 Tex. Fam. Code § 88.004(e)
2 Tex. Fam. Code § 88.003(e)
3 Tex. Fam. Code § 88.004(d)

Will the abuser be notified if I register my protection order?

The federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, addresses this issue. VAWA says that the court cannot tell the abuser when you register or file your protective order in a new state unless you specifically request that the abuser be notified.1 However, you may wish to check that the clerk is aware of this law before you register your order. You may want to be especially careful if your address is confidential.

Despite this law, it is still possible that the abuser could somehow find out where you are living. Continue to think about your safety, even if you no longer live in the same state as the abuser. Our Safety Planning page has tips to get you started or build on what you are already doing.  A local domestic violence organization can help you make a safety plan that works for you. To find organizations in your area, go to Idaho Advocates and Shelters.

1 18 USC § 2265(d)

What if I don't register my protection order? Will it be more difficult to have it enforced?

According to federal and state laws, you do not need to register your protection order to get it enforced in Texas. However, if your order is not entered into the state registry, it may be harder for a law enforcement officer to check if your order is valid. So, it could take longer to get your order enforced.

If you are unsure if registering your order in Texas is right for you, you may want to talk with a domestic violence advocate. An advocate can help you decide what is safest for you. You can find domestic violence advocates in Texas on our Advocates and Shelters page.

Does it cost anything to register my protective order?

There is no fee for registering your protective order in Texas.1

1 Tex. Fam. Code § 88.005(f)