That two year domestic violence protective order may last longer than two years if the respondent has a pending divorce, suit affecting the parent-child relationship, or criminal case arising from the family violence. The 2025 Legislature amended Tex. Family Code Sec. 85.025 to say that a protective order is effective until the second anniversary of:
- Pending Divorce: “the date on which the final decree of dissolution of the marriage is approved and signed by the judge.”
- Pending SAPCR: “the date on which the final order in the suit is rendered by the court.”
- Family violence criminal case: “the date of the final disposition of the criminal case.”
Who knows why they would use different standards for the end of the parallel case (“final disposition” or “date the final order is rendered” or “date the decree is approved and signed by the judge”)?
So, if a protective order is entered in the first month that a divorce case is pending between the parties in Brazoria County, the protective order might last 5 or more years since cases can linger forever there.
If the respondent in the protective order case is charged with a crime of family violence, the law does not seem to require that the charge have anything to do with the applicant. So if the wife gets the PO and the husband has also abused his girlfriend and was arrested, is the wife’s two year PO extended? Also, what does “final disposition of the criminal case” mean? Does it mean when probation ends?
One problem I see with this new law is that the person who is protected by a PO might not know when the respondent’s divorce or SAPCR is over and thus not know exactly when the protective order expires.
Here are the specifics of this new provision:
Subchapter B. Contents of Protective Order
85.025(a-2), (a-3), and (a-4). Duration of Protective Order-AMENDED/ADDED
(a-2) If an order under this subtitle is rendered against a respondent who is a party to a suit for dissolution of a marriage in which the applicant or a member of the applicant’s family or household is the other party, the order is effective until the second anniversary of the date on which the final decree of dissolution of the marriage is approved and signed by the judge.
(a-3) If an order under this subtitle is rendered against a respondent who is a party to a suit affecting the parent-child relationship in which the applicant or a member of the applicant’s family or household is also a party, the order is effective until the second anniversary of the date on which the final order in the suit is rendered by the court.
(a-4) If an order under this subtitle is rendered against a respondent who is charged with a criminal offense involving family violence under Title 5, Penal Code, or an offense under Section 25.11, Penal Code, the order is effective until the second anniversary of the date of the final disposition of the criminal case.
Source: SB 1120
Eff. Date: 9/1/25- applies only to a protective order rendered on or after the effective date of this Act. A protective order rendered before the effective date of this Act is governed by the law in effect on the date the order is rendered, and the former law is continued in effect for that purpose.