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Texas guide

Protective Orders and Custody in Texas

A Texas protective order can restrict contact and reshape possession immediately, and a finding of family violence rebuts the joint managing conservator presumption. The hearing usually comes within 14 to 20 days.

Written by A Father's Fight Editorial Team Last updated
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Verification in progress. Statute references on this page are being confirmed against current law by a licensed attorney. Use the official sources listed below for the authoritative text.

Key takeaways

  • Comply completely and have no contact with the applicant—violations are crimes.
  • Appear at the hearing with evidence; a finding of family violence affects conservatorship for years (§153.004).
  • Texas protective orders may include temporary possession and support terms.
  • If your child is in danger, document and apply with specific facts—false or careless applications destroy credibility.

Legal / educational information

Types

Texas issues temporary ex parte protective orders (up to 20 days), final protective orders after a hearing (typically up to two years, longer in some circumstances), and magistrate's emergency orders after an arrest. Family Code Title 4 governs. VERIFY: confirm the current Texas Family Code text and section numbers with a licensed Texas attorney before relying on this—the Legislature amends Title 5 in most sessions.

Legal / educational information

Responding

Read the application and the temporary order line by line. Note the hearing date, preserve texts and location records, identify witnesses, and consult counsel immediately. Request that any order preserve specific, supervised-if-necessary possession so the parent-child relationship is not severed by default.

Frequently asked questions

It can include temporary possession terms until the hearing and, if family violence is found, the court may not appoint joint managing conservators. Appear and contest with evidence.

Sources

  1. [1]Texas Family Code Title 4 — Protective Orders (Chapters 81–85)
  2. [2]TexasLawHelp.org — Child Custody & Visitation
  3. [3]Texas Judicial Branch — Self-Help Resources

A Father's Fight provides general educational information and personal experiences. It is not a law firm and this page is not a substitute for advice from a licensed attorney in your state. See our disclaimer and editorial policy.