Tex. Codes » Family Code · TITLE 4. PROTECTIVE ORDERS AND FAMILY VIOLENCE · SUBTITLE B. PROTECTIVE ORDERS · CHAPTER 82. APPLYING FOR PROTECTIVE ORDER
Texas Codes

Tex. Fam. Code § 82.009 (2026)

Application For Temporary Ex Parte Order

✓ current as of May 2026
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Sec. 82.009. APPLICATION FOR TEMPORARY EX PARTE ORDER. (a) An application that requests the issuance of a temporary ex parte order under Chapter 83 must:

(1) contain a detailed description of the facts and circumstances concerning the alleged family violence and the need for the immediate protective order; and

(2) be signed by each applicant under an oath that the facts and circumstances contained in the application are true to the best knowledge and belief of each applicant.

(b) For purposes of this section, a statement signed under oath by a child is valid if the statement otherwise complies with this chapter.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 632 (S.B. 819), Sec. 3, eff. September 1, 2011.

Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 2007–2025 · leading case: In re Potts, 399 S.W.3d 685 (Tex. App. 2013).
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In re Potts, 399 S.W.3d 685 (Tex. App. 2013). · cites it 2× “Tex. Fam.Code Ann. § 82.009. Judge Wise determined that relator’s pleadings and attached documents were “comprised of broad, disjointed, and often rambling allegations.”
State Ex Rel. Prot. of Cockerham v. Cockerham, 218 S.W.3d 298 (Tex. App. 2007). “Tex. Fam.Code Ann. § 82.009 (Vernon 2002).”
Sheri Taylor v. Melody Ann Norton (Tex. App. 2024). · cites it 2× “001(b) if the court finds that family violence has occurred.” TEX. FAM. CODE ANN. § 81.001.”
in Re Patricia Ann Potts & A.M.W. (A Child) (Tex. App. 2013). · cites it 2× “Tex. Fam. Code Ann. § 82.009 . Judge Wise determined that relator’s pleadings and attached documents were “comprised of broad, disjointed, and often rambling allegations.”
In Re Jason Samir Nasra v. the State of Texas (Tex. App. 2023). “The motion states the following in bold and in all caps and cites to Rule 680: THIS TEMPORARY RESTRAINING ORDER WILL ONLY BE IN EFFECT UNTIL NOTICE CAN BE SERVED ON RESPONDENT AND A HEARING CAN BE HELD, AND WILL NOT LAST LONGER THAN FOURTEEN DAYS UNLESS THE COURT EXTENDS IT FOR…”
In the Interest of R.G.A.C.L.G., a Child v. the State of Texas (Tex. App. 2025). “The associate judge, Ten Eyck, erred in granting Appellee’s application for an ex parte protective order because the application failed to meet the clear statutory requirements of the Texas Family Code. Under Tex. Fam. Code § 82.”
State v. James L. Cockerham (Tex. App. 2007). “Tex. Fam. Code Ann. § 82.009 (Vernon 2002).”
Milton L Gardner v. Kimberly Reindollar (Tex. App. 2014). “See TEX. FAM. CODE ANN. § 82.009 (West Supp. 2013).”
Suzanna Eckchum A/K/A Susan Eckhert v. State (Tex. App. 2015). “21, 22 Tex. Fam. Code Ann. § 82.008 ............”
— Tex. Fam. Code § 82.009(1) — 1 case
In Re Jason Samir Nasra v. the State of Texas (Tex. App. 2023). “The motion states the following in bold and in all caps and cites to Rule 680: THIS TEMPORARY RESTRAINING ORDER WILL ONLY BE IN EFFECT UNTIL NOTICE CAN BE SERVED ON RESPONDENT AND A HEARING CAN BE HELD, AND WILL NOT LAST LONGER THAN FOURTEEN DAYS UNLESS THE COURT EXTENDS IT FOR…”
— Tex. Fam. Code § 82.009(a) — 1 case
Sheri Taylor v. Melody Ann Norton (Tex. App. 2024). “001(b) if the court finds that family violence has occurred.” TEX. FAM. CODE ANN. § 81.001.”
— Tex. Fam. Code § 82.009(a)(1) — 1 case
Sheri Taylor v. Melody Ann Norton (Tex. App. 2024). “001(b) if the court finds that family violence has occurred.” TEX. FAM. CODE ANN. § 81.001.”
— Tex. Fam. Code § 82.009(a)(2) — 1 case
In the Interest of R.G.A.C.L.G., a Child v. the State of Texas (Tex. App. 2025). “The associate judge, Ten Eyck, erred in granting Appellee’s application for an ex parte protective order because the application failed to meet the clear statutory requirements of the Texas Family Code. Under Tex. Fam. Code § 82.”
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