Can My Ex Get a Texas Restraining Order to Prevent Me From Recovering My Own Property?

How Do Texas Protective Orders Work With Property Disputes?

Under Texas Family Code § 85.001, a court may issue a protective order if it finds that family violence has occurred and is likely to occur again. Texas distinguishes between temporary ex parte protective orders (issued without your presence, lasting up to 20 days) and final protective orders (issued after a hearing, lasting up to 2 years).

Critically, if your ex obtained a temporary ex parte order under Tex. Fam. Code § 83.001, the court issued it based solely on your ex's sworn application — you were not present to contest it. According to Texas divorce law, approximately 85% of temporary protective orders are granted ex parte, meaning the respondent learns about them only after issuance.

Does a Protective Order Affect Property Ownership?

No. A Texas protective order restricts contact and behavior — it does not adjudicate property rights. If the vehicle title is in your name and you are the registered owner, the protective order cannot legally transfer ownership or grant your ex possessory rights to your car.

However, the order can prohibit you from:

• Contacting your ex directly or indirectly
• Going to specific locations
• Communicating threats or harassment

This means recovering property must be done through legal channels — not direct contact. Under Tex. Fam. Code § 85.022, a court can order property arrangements as part of the protective order, but only after a full hearing where both parties are present.

What Are the Penalties for Violating a Texas Protective Order?

This is where extreme caution is warranted. Under Tex. Penal Code § 25.07, violating a protective order is a Class A misdemeanor punishable by up to 1 year in jail and a $4,000 fine. A second violation or violation involving a weapon is a third-degree felony (2–10 years in prison). In 2024, Texas prosecutors filed over 12,000 protective order violation charges statewide.

Even if you believe the order is baseless, you must comply until it is legally dissolved or modified. The phone call your ex initiated could potentially be used against you, though courts generally consider who initiated the contact.

What Should You Do Right Now?

1. Verify the order exists. Contact the court in the Texas county where your ex filed. Many people claim protective orders exist when none have been issued. You can also check with local law enforcement — they are served copies of valid orders.

2. If it exists, read every word. The order will specify exactly what is prohibited and its expiration date. Keep a certified copy with you at all times.

3. Exercise your right to a hearing. Under Tex. Fam. Code § 84.003, you have the right to a hearing on a final protective order. This is your opportunity to present evidence that the claims are baseless and contest any property provisions.

4. Use an attorney for property recovery. Since direct contact is restricted, have a family law attorney communicate on your behalf regarding the vehicle and any remaining personal property.

5. Document everything. Save all texts, call logs, and evidence of your ex concealing your vehicle. This documentation strengthens both your property claim and your defense against the protective order.

The interstate element (you in Washington, your ex in Texas) adds jurisdictional complexity. Texas has jurisdiction to issue the protective order if the alleged events occurred there or your ex resides there. Review our Texas divorce resources and Texas divorce checklist for guidance on navigating Texas family court procedures.

For more answers to questions like this, visit our Divorce Questions hub. Given the criminal implications of protective order violations and the multi-state property dispute, consulting a licensed attorney in both jurisdictions is strongly recommended.