For victims of family violence, protective orders are an important part of staying safe and keeping distance from abusers. However, until recently, Texas law allowed protective orders to expire before the underlying criminal or family law case was resolved. This often left victims forced to either have unwanted contact with their abuser or rush back to court to get the protective order extended. This is one area where protective order attorneys in Texas can be very helpful.
At Boudreaux Hunter & Associates, LLC, we understand the intense pressure abuse victims may experience when navigating the legal system. Attorney Kevin D. Hunter is a fierce advocate for his clients, ensuring that they have the support and guidance they need to navigate complex family law concerns. Call our protective order law firm at 713-333-4430 to schedule a consultation now.
Texas Protective Orders in the Past
Prior to the introduction of SB 1120, protective orders usually expired on a fixed deadline. However, when criminal or family law cases extended beyond that deadline, that left victims at risk of abuse or stalking from their abusers. A victim could be left without protection simply because their case took longer than they expected.
As a result, victims often experienced gaps in enforcement, confusion for law enforcement when protective order violations were reported, safety risks for vulnerable individuals, and the stress of additional legal burdens during an already overwhelming time for victims.
What SB 1120 Changed
The adoption of SB 1120 in section 85.025 of the Texas Family Code addresses the issues long experienced by victims and their protective order lawyers. Under this law, which went into effect in September of 2025, protective orders do not automatically expire when a related case is still pending. When statutory conditions are met, the court extends the protective order so it still offers protection until the case is concluded.
The goal of this bill and the new statute is continuity. It strives to ensure that victims have protections in place while courts work through the underlying dispute.
How the 2-Year Extension Rule Works
Under the terms of SB 1120 and TFC 85.025, a qualifying protective order may be extended for up to two years when the expiration date comes and a related case is still working its way through the court system. There are a few things to note about this extension:
- Maintains the existing order and its terms
- Doesn’t require the protected party to prove that the underlying conduct is still going on or that they are still in danger
- Does not create a new protective order—solely extends the original order
- Order is enforceable during the extended period
In divorce and child custody cases, the order lasts until two years after the final order is signed. If the person named in the order is charged with a family violence crime, the order lasts for two years after the criminal matter is fully resolved.
Cases That Qualify For an Extension
A variety of cases qualify for an extension. Your protective order attorney can help you understand whether or not your current situation may qualify for an automatic extension. If there is a pending criminal or family law case and you have a protective order set to expire, it will automatically extend if the course is still ongoing when the expiration date comes.
The case must actually be ongoing. If it is anticipated or still under investigation, that does not count.
SB 1120 Limitations
SB 1120 took major steps to improve victims’ right to safety in Texas, but it does have limitations. First, it does not modify protective order terms if a modification is necessary—the victim or their protective order lawyer will still need to petition the court for that. Additionally, it does not address enforcement or violations. In these circumstances, the protected party will still need to go to court for a resolution.
How This Affects Both Parties
For protected parties, SB 1120 (now TFC 85.025) offers significant relief. While they’re going through the stress of a family law or criminal case, they do not have to worry about refiling to protect themselves. They also don’t have to worry about the perpetrator exploiting enforcement gaps.
For respondents, protective orders may remain in place far longer than initially expected. This may affect contact, proximity, firearms, custody, and visitation. It’s important not to assume that custody schedules or other factors override a protective order.
Protect Yourself With Boudreaux Hunter & Associates, LLC
If you’re concerned about staying safe while taking action against an abuser, it’s time to meet with a protective order law firm. Connect with the lawyers online or call the firm at 713-333-4430 to set up a time to discuss your case in greater detail.
