Does a protective order expire two years from the date it was granted in open court or from the date it was signed by the judge.

The order is effective for the period stated in the order not to exceed to years. If it doesn't state the duration, it's defaulted to two years.

Does the order not state the date effective? Our judge always writes the current date + two years on each one. Is there not any of that kind of information available?

If not, you go to 85.025(a)(2)

A brief search on Lexis for 'duration of protective orders' doesn't reveal much.

In Pena v. Garza 61 S.W.3d 529 the Court in San Antonio considers that if the order doesn't lay out the duration, then it's by operation of law from the date of the order. I'd imply that to be the signed and executed order.

Hermisillo v. Sexton doesn't help at all,

In Re Salgado,53 S.W.3d 752, 754 you'll find some good information, but again, not a direct answer.

If the order was violated prior to the signing but after the respondent was advised on the record that the protective order was in effect, we'd argue that his conduct was a violation even if the order had yet to be signed, right?

So, you're stuck. One reading of the law would implicate that the execution is the writing of the order as the duration has to be written out for the duration to be anything other than two years.

Then again, were the judge to take a few weeks, or even a month to execute the written order, that is effetively issuing an order for more than two years.

I'd use the new event to file a new application for protective order. Even if the violation was minor, the renewed conduct should demonstrate the continuing need for protection.

Also, prosecute the underlying offense, 'harassment', 'assault', whatever, then maybe you can make a stalking charge. Sure sounds like the respondent is engaging in a course of conduct meant to threaten or intimidate your applicant.

By the literal language of the default provision of the statute, a protective order is effective until the second anniversary of "the date the order was issued." "Issue," as a verb, means "to be put forth officially" or "to send out or distribute officially". Black's Law Dictionary 836 (7th Ed. 1999). In the muddied waters of civil orders and judgments, such as protective orders, the term "issued" is not within the usual idiom. Historically, the two key events with regard to a civil order or judgment are when the document is "rendered" and when it is "signed." See Tex. R. Civ. P. 306a(1) (noting date order or judgment is signed determines beginning of plenary and appellate periods); cf. Tex. R. App. P. 26.1 (specifying deadlines for perfection of civil appeal tied to date judgment is signed).

Signature is not the equivalent of rendition. Several cases hold that rendition is the official pronouncement of judgment in open court. A "rendered" judgment generally is enforceable. Bearing in mind that there is no statutory definition of "issued," its common meaning must be applied. That common meaning, it seems to me, comes much closer to the concept of "rendition" than the more ministerial act of signature. Thus, in typically verbose fashion, I concur with Phillip.

While my chief is verbose I am something more annoying as I offer a narrative you didn�t ask for.....as an aside (from personal experience) while your PO will expire as the fine opinions above detail, be sure to check up on your Respondents whereabouts on the date of expiration. If Respondent is a guest in one of our fine "facilities" � see TFC 85.025(c)...the PO is extended until the first anniversary of the date the Respondent is released. I've had a few police officers who refused to arrest and file charges because they were unaware of this provision.