DISCLAIMER
This template is provided for general informational and drafting purposes only and does not constitute legal advice or create an attorney–client relationship. Domestic-violence proceedings have life-altering consequences; a licensed Texas attorney should review every protective-order pleading before it is filed or relied upon. Local rules, judge-specific standing orders, and emergency circumstances may require additional or different language.
PROPOSED DOMESTIC VIOLENCE PROTECTION ORDER
(Family Violence – Texas Family Code Title 4)
[PLACEHOLDER – COURT SEAL]
Cause No. ______
In the ____ Judicial District Court
[PLACEHOLDER – COUNTY] County, Texas
Sitting as a Court of Family Law
Applicant/Petitioner: [PROTECTED PERSON(S)]
v.
Respondent: [RESPONDENT]
Effective Date: [_]
Expiration Date: [_] (not to exceed two years absent statutory findings)
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Findings of Fact & Conclusions of Law
IV. Operative Injunctive Provisions
V. Firearms & Ammunition Prohibitions
VI. Enforcement, Notice, & Service
VII. Warnings & Penalties for Violation
VIII. Modification, Extension, or Termination
IX. General Provisions
X. Signature & Verification Block
I. DOCUMENT HEADER
1.1 Jurisdiction. This Court has jurisdiction under Texas Family Code Title 4 and all applicable constitutional and statutory provisions.
1.2 Parties. The Applicant/Petitioner (“Protected Person”) and Respondent are identified above.
1.3 Recitals. On [DATE], after notice and hearing (or ex parte, if so indicated), the Court considered the application for a Protective Order against Respondent for Family Violence.
[// GUIDANCE: Insert additional recitals if the Order is being entered by agreement, after default, or following a contested hearing.]
II. DEFINITIONS
For purposes of this Order, the following capitalized terms shall have the meanings set forth below. Undefined terms shall be construed consistently with the Texas Family Code.
“Child(ren)” – The minor child(ren) of the parties or household, specifically: [NAMES & DOBs].
“Court” – The court of competent jurisdiction issuing this Order.
“Excluded Residence” – The premises located at [ADDRESS] from which Respondent is excluded.
“Family Violence” – Conduct defined in Tex. Fam. Code Title 4, Ch. 71, including dating violence.
“Prohibited Communication” – Any direct or indirect contact, whether in person, by electronic means, or through a third party, except as expressly allowed herein.
“Proximity Restriction Zone” – A perimeter of [___] feet from the Protected Person(s), residence(s), place(s) of employment, school(s), or childcare facility(ies) of the Protected Person(s) as itemized in Attachment A.
III. FINDINGS OF FACT & CONCLUSIONS OF LAW
3.1 The Court finds that:
(a) Respondent and Protected Person(s) are members of the same family or household, or are in a dating relationship, as defined by statute;
(b) Family Violence has occurred and is likely to occur in the future unless Respondent is restrained;
(c) Venue and jurisdiction are proper;
(d) The relief granted herein is necessary for the safety of the Protected Person(s) and is the least restrictive means of preventing further violence.
3.2 Accordingly, the Court concludes that issuance of a Domestic Violence Protection Order is justified and authorized under Texas law.
IV. OPERATIVE INJUNCTIVE PROVISIONS
IT IS THEREFORE ORDERED that Respondent SHALL:
4.1 Prohibited Acts
(a) Not commit Family Violence against any Protected Person;
(b) Not threaten, harass, stalk, follow, or damage the property of any Protected Person;
(c) Not engage in Prohibited Communication except as specifically allowed in Section 4.4.
4.2 Exclusion From Residence
Respondent is excluded from the Excluded Residence effective immediately. Law enforcement is authorized to accompany the Protected Person and/or Respondent to supervise a one-time civil standby lasting no longer than 30 minutes for retrieval of essential personal property as arranged through [LAW ENFORCEMENT AGENCY OR SHERIFF].
4.3 Stay-Away & Proximity Restrictions
Respondent shall maintain at least [___] feet distance from each Protected Person and from any location listed in Attachment A.
4.4 Limited Exception – Child-Related Communications
Solely for coordination of court-ordered visitation or exchange of the Child(ren), Respondent may communicate via: (i) a neutral third-party; (ii) court-approved co-parenting application; or (iii) counsel of record. All other contact remains prohibited.
4.5 Visitation / Possession Schedule
[PLACEHOLDER – Insert statutory standard possession order, supervised visitation requirements, or denial of visitation, as applicable.]
4.6 Substance Abuse & Counseling
Respondent SHALL [attend batterer-intervention / substance-abuse counseling / anger-management] as detailed in Attachment B and file proof of enrollment within [___] days.
V. FIREARMS & AMMUNITION PROHIBITIONS
5.1 Federal & State Law Notice. Under federal law (18 U.S.C. § 922(g)(8)) and Texas law, it is unlawful for Respondent to possess a firearm or ammunition while this Order is in effect.
5.2 Surrender Requirements. Respondent shall, within [___] hours of service of this Order, surrender all firearms, ammunition, and firearm licenses to [LAW ENFORCEMENT AGENCY], obtain a receipt, and file the receipt with the Clerk.
[// GUIDANCE: Some Texas counties have specific firearm-surrender protocols. Insert county-specific instructions as required.]
VI. ENFORCEMENT, NOTICE, & SERVICE
6.1 Law-Enforcement Entry & Assistance. Any duly sworn peace officer who has probable cause to believe Respondent has violated any provision of this Order SHALL arrest Respondent without warrant and take such other action authorized by law.
6.2 Statewide Enforcement. This Order is valid and enforceable in every Texas county and in all other states and territories under 18 U.S.C. § 2265 (Full Faith & Credit).
6.3 Service. A certified copy of this Order and any attachments shall be served on Respondent by [METHOD], filed with the statewide protective-order registry, and transmitted to all applicable law-enforcement agencies.
VII. WARNINGS & PENALTIES FOR VIOLATION
7.1 Criminal Penalties. A knowing or intentional violation of this Protective Order is punishable by:
(a) confinement in jail for up to one year and/or a fine not to exceed $4,000 (Class A misdemeanor); or
(b) confinement in the Texas Department of Criminal Justice for 2–10 years (third-degree felony) if Respondent has previously been convicted of violating a protective order or committed an assault/stalking offense.
7.2 Federal Penalties. Violation of the firearm prohibition may constitute a federal felony punishable by up to ten years imprisonment.
7.3 Notice to Respondent. The attached statutory “Warnings to Respondent” (Attachment C) are incorporated by reference and shall be prominently displayed on the first page of the copy served on Respondent.
[// GUIDANCE: Attachment C should replicate the exact warning language required by Tex. Fam. Code § 85.026; verify current statutory text at time of drafting.]
VIII. MODIFICATION, EXTENSION, OR TERMINATION
8.1 Either party may, after notice and hearing and for good cause shown, move to modify, extend, or vacate this Order pursuant to Texas Family Code procedures.
8.2 Automatic Expiration. Unless earlier modified or extended, this Order expires at 11:59 p.m. on the Expiration Date stated on page 1.
IX. GENERAL PROVISIONS
9.1 Integration. This Order embodies the entire directive of the Court regarding the matters addressed herein and supersedes all prior inconsistent orders.
9.2 Severability. Should any provision of this Order be held invalid, the remaining provisions shall remain in full force and effect.
9.3 Electronic Signatures. Pursuant to Texas Government Code Chapter 21 and local e-filing rules, an electronic signature of the presiding judge has the same force and effect as an original.
9.4 Copies. Certified copies of this Order shall be deemed originals for all enforcement purposes.
X. SIGNATURE & VERIFICATION BLOCK
SO ORDERED this _ day of ___, 20, at ____ .m.
[PLACEHOLDER – JUDGE’S PRINTED NAME]
Judge Presiding
[Optional: Court Coordinator or Clerk Attestation]
PARTY ACKNOWLEDGMENTS
Respondent – Receipt & Notice of Order
I hereby acknowledge receipt of a certified copy of this Protective Order and understand the prohibitions and penalties stated herein.
_______ Date: ___
[RESPONDENT’S NAME] – Respondent
[Notary Block if required by local rule]
ATTACHMENTS
Attachment A – Protected Locations & Proximity Restriction Map
Attachment B – Counseling / Treatment Requirements
Attachment C – Statutory Warnings to Respondent (Tex. Fam. Code § 85.026)
Attachment D – Law-Enforcement Firearm Surrender Receipt
[// GUIDANCE:
1. Insert county-specific clerk’s certificate of mailing/service if required.
2. Confirm that all attachments are numbered, signed, and filed simultaneously.
3. Always cross-check local standing orders for additional mandatory language (e.g., sheriff’s instructions, parental-kidnapping warnings, or COVID-19 protocols).]