What Is a Protective Order and When Is It Issued in Texas?
A protective order is one of the most powerful tools available under Texas law. It can remove someone from their home, restrict contact with their children, and prohibit them from owning a firearm. Violating one is a criminal offense. Whether you are seeking protection or have been served with an application, the decisions you make in the first few days matter.
At Schneider Law Firm, P.C., our family law and criminal defense attorneys represent clients throughout Fort Worth, Keller, Alliance, Mansfield, and the surrounding Tarrant County communities in protective order matters on both sides of the case.
What Is a Protective Order?
A protective order is a civil court order designed to prevent further violence, abuse, or harassment. Most protective orders in Texas are issued under Title 4 of the Texas Family Code when a court finds that family violence has occurred and is likely to occur again.
Under Section 71.004 of the Texas Family Code, family violence includes acts or threats of physical harm between:
- Spouses or former spouses
- Parents of the same child
- Family members related by blood or marriage
- Members of the same household
- People in a current or past dating relationship
Texas law also allows protective orders for victims of sexual assault, stalking, and human trafficking under Chapter 7B of the Texas Code of Criminal Procedure, regardless of the relationship between the parties.
When Is a Protective Order Issued?
Protective orders typically arise in one of three ways.
1. Temporary Ex Parte Protective Order
If an application shows a clear and present danger of family violence, a judge may issue a temporary ex parte order the same day, without notice to the other party. Under Section 83.002, a temporary ex parte order generally remains in effect for up to 20 days and may be extended. These orders can require the other person to leave a shared residence immediately.
2. Final Protective Order After a Hearing
A hearing is generally scheduled within 14 days after the application is filed. Both parties may present evidence and testimony. If the court finds that family violence has occurred and is likely to occur in the future, it must issue a protective order. Under Section 85.025, a final protective order typically lasts up to two years, and in certain serious cases it may last longer.
3. Magistrate's Order for Emergency Protection
When someone is arrested for an offense involving family violence, sexual assault, stalking, or trafficking, a magistrate may issue an emergency protective order at the time of arraignment under Article 17.292 of the Texas Code of Criminal Procedure. This order can take effect before any criminal charge is resolved.
What Can a Protective Order Require?
Depending on the facts of the case, a Texas protective order may:
- Prohibit any contact or communication with the protected person
- Require the respondent to stay away from a home, workplace, school, or child care facility
- Award exclusive use of a shared residence
- Establish temporary custody, visitation, and child support
- Prohibit the possession of firearms
- Require completion of a battering intervention and prevention program or counseling
The Family Law Impact
A protective order often becomes part of a larger family law case. When children are involved, a finding of family violence can significantly affect custody and visitation. Texas courts consider a history of family violence when determining conservatorship and the best interest of the child under the Texas Family Code. A protective order issued during a pending divorce may shape temporary orders on the home, the children, and finances.
For this reason, a protective order hearing should never be treated as a minor or informal proceeding. Learn more about how we approach child custody and divorce cases in Tarrant County.
The Criminal Law Impact
Violating a protective order is a crime under Section 25.07 of the Texas Penal Code. A violation is generally a Class A misdemeanor, punishable by up to one year in county jail and a fine of up to $4,000. It may be charged as a third-degree felony if the person has prior convictions for violating a protective order or if the violation involves assault or stalking.
A protective order based on family violence also carries firearm restrictions under state and federal law. For many people, including those who carry firearms for their job, these consequences can be life-changing.
What to Do If You Need Protection
- Get to safety. If you are in immediate danger, call 911.
- Document what happened. Keep text messages, voicemails, photos of injuries or property damage, and the names of any witnesses.
- File an application. Applications may be filed in the county where you or the respondent lives. The Tarrant County Criminal District Attorney's Office also assists victims of family violence with protective orders.
- Talk with a family law attorney. If you share children or property with the other person, an attorney can help coordinate the protective order with custody and divorce proceedings.
What to Do If a Protective Order Has Been Filed Against You
- Follow any temporary order immediately. Even if you believe the allegations are false, a violation can lead to arrest and criminal charges.
- Do not contact the applicant. This includes indirect contact through friends, family, or social media.
- Prepare for the hearing. Gather evidence, communications, and witness information that support your side of the story.
- Consult an attorney right away. The hearing may be days away, and the outcome can affect your home, your children, your firearms, and your record.
Get Experienced Help in Tarrant County
Protective order cases move quickly and carry serious consequences for everyone involved. Because these matters often overlap with divorce, custody, and criminal charges, it helps to work with a firm that handles both family law and criminal defense.
Schneider Law Firm, P.C. represents individuals in Fort Worth, Keller, Alliance, Mansfield, and throughout Tarrant County in protective order, family law, and criminal defense matters. If you need to seek a protective order or respond to one, contact our office to schedule a confidential consultation and discuss your options under Texas law.