When conflict escalates in a relationship, Texas law offers a short separation known as the “cooling-off” period. This legal safeguard provides time and space to reduce tension and ensure immediate safety after a domestic violence incident.
How the cooling-off period works
In Texas, law enforcement may arrest someone for family violence without a warrant. Once arrested, a cooling-off period begins, typically lasting between 24 and 48 hours. During this time, the individual remains in custody and is prohibited from contacting the person who filed the report. This enforced separation helps prevent additional incidents.
The cooling-off period is designed to protect you in the immediate aftermath. It allows time to think clearly, reach out for support, or relocate to a safe environment. Violating the restrictions during this window can result in further criminal charges.
Why the cooling-off period matters
Domestic violence situations are often fueled by strong emotions and impulsive actions. The cooling-off period allows emotions to settle and gives law enforcement an opportunity to examine the case without added pressure. It also provides you with a chance to assess your next steps in a safer environment.
This pause helps the justice system determine whether more lasting protections are necessary. Judges and prosecutors may use this time to evaluate whether the incident was part of a larger pattern of abuse.
What happens after the period ends
After the cooling-off period, the arrested person may be released. If the court believes ongoing risk exists, a judge may issue a protective order. These orders can restrict contact, require distance from your home, or mandate the surrender of firearms.
If you remain concerned for your safety, continue to document any threats or aggressive behavior. Text messages, voicemails, and screenshots can support future reports if further action becomes necessary.
Though brief, this period can provide essential safety and clarity. Use it to gather support, develop a plan, and learn your legal rights. Staying informed helps you stay prepared and confident.