Family Code · §85.025

Duration of Protective Order

Duration of Protective Order (§85.025): key points and worked practice questions for Texas peace officer exam preparation.

Key points

  • Standard: up to 2 years (§85.025(a))
  • Longer than 2 years: felony family-violence act (no conviction needed)
  • Or serious bodily injury
  • Or two or more previous protective orders (§85.025(a-1))

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Worked examples

Worked example 1

A 'final protective order' under Tex. Fam. Code §85 is generally effective for:

  1. 30 days
  2. The period stated in the order, not to exceed 2 years — longer if the court makes a §85.025(a-1) finding (felony family-violence act, serious bodily injury, or two or more prior protective orders) Correct
  3. 5 years for all cases
  4. Only as long as criminal charges are pending
Why: §85.025(a): an order is effective for the period stated, not to exceed two years, or until the second anniversary if no period is stated. Under (a-1) the court may render an order exceeding two years if it finds the respondent (1) committed an act constituting a felony offense involving family violence against the applicant or a family or household member, regardless of charge or conviction; (2) caused serious bodily injury to the applicant or a family or household member; or (3) was the subject of two or more previous protective orders protecting the same person after a family-violence finding.
Statute: Tex. Fam. Code §85.025