How long is a civil restraining order effective?
Generally, there are three types of civil restraining orders in Texas: an emergency protective order, a temporary restraining order, and a permanent restraining order. Each has varying uses and, as a result, varying time frames. In order to understand why the different types of restraining orders have different effective times, it helps to have a general understanding of each of their uses.
An emergency protective order is used when immediate protection from harm is necessary for a short period of time (usually less than one week). If an act such as abuse or severe neglect is occurring, then an emergency protective order can be immediately enacted so that the party in need of protection has time to apply for a lengthier restraining order.
A temporary restraining order, unlike an emergency protective order, must be granted by a Texas Court. One reason for this stipulation is because at the Court's discretion, a temporary restraining order can be granted for a maximum of fourteen days; a much longer period of time than an emergency protective order. While the maximum amount of time this type of restraining order can be issued is fourteen days, the Court may decide to extend the order's effective time frame by another like time if the applicant submits an additional petition. In essence, a temporary restraining order protects a party from most all forms of contact from an adverse party.
A permanent restraining order has basically the same effect as a temporary restraining order, only it is effective for any amount of time the Texas Court of Jurisdiction deems appropriate. Temporary restraining orders are typically more common; however there are instances where permanent restraining orders offer a better solution to particular situations. A permanent restraining order is obtained the same way in which a temporary order is; by petition.