Protective Order Defense Lawyer in Dallas
This page is for people who have been served with a protective order (often called a restraining order) or charged with violating one. We defend respondents and people accused of crimes. We do not handle divorce or custody cases.
In short: If you were served with a Texas protective order application, the court usually sets a hearing within about 14 days of the filing (Family Code 84.001). A judge can issue a final order only after finding that family violence occurred and is likely to occur again (Family Code 85.001). Obey any temporary or emergency order now: violating it is a crime under Penal Code 25.07, even if the other person contacts you first.
What is a protective order in Texas, and is it the same as a restraining order?
A protective order is a court order under Title 4 of the Texas Family Code that restricts what a person accused of family violence, dating violence, stalking or certain other conduct can do. Most people call it a "restraining order." In Texas, the term "temporary restraining order" usually means something different: an order entered in a divorce or custody case to keep both sides from certain actions. Those orders belong to divorce and custody cases, which are outside our practice. When someone says they were served with a restraining order after an argument or an arrest, they almost always mean a protective order, and that is what this page covers.
A protective order is a civil order, not a criminal conviction. But it has criminal consequences: violating it is a Class A misdemeanor or a felony, and it can restrict where you live, whom you can contact and whether you can possess a firearm.
What are the three kinds of protective orders?
| Order | Who issues it | How long it lasts | Source |
|---|---|---|---|
| Magistrate's order for emergency protection (EPO) | A magistrate, usually at the jail after an arrest | 61 to 91 days; 91 to 121 days in deadly-weapon cases (orders on or after Sept. 1, 2025) | Code of Criminal Procedure 17.292(j); SB 2196 |
| Temporary ex parte protective order | A civil court, without a hearing, on the applicant's sworn statement | Up to 20 days; can be extended in 20-day periods | Family Code 83.001, 83.002 |
| Final protective order | A civil court after a hearing | Up to 2 years in most cases; longer in cases listed in the statute | Family Code 85.025 |
An emergency protective order comes from the criminal side. It is issued by a magistrate when a person appears after an arrest for an offense involving family violence or certain other offenses, and it is mandatory when the arrest involves serious bodily injury or the use or display of a deadly weapon (Code of Criminal Procedure 17.292). The 2025 Legislature lengthened these orders by 30 days for orders issued on or after September 1, 2025 (SB 2196). See emergency protective orders.
A temporary ex parte order can be signed without you present if the applicant's sworn statement shows a clear and present danger of family violence (Family Code 83.001). It lasts up to 20 days and can be extended (83.002). It usually comes with a notice of the hearing on the final order.
A final protective order is issued only after a hearing at which you have the right to appear, present evidence and question witnesses.
You were served. What should you do now?
- Read every page. Note the hearing date, the court, and exactly what the order prohibits.
- Comply immediately. If the order says to stay away from a home, school or workplace, do it. Arrange for a police standby if you need to pick up belongings.
- Do not make contact. No calls, texts, emails, social media messages, posts aimed at the person, or messages through friends or relatives, unless the order allows it. Contact can be a crime even if the other person starts it.
- Do not miss the hearing. If you do not appear, the court can enter an order by default (Family Code 85.006).
- Collect evidence. Save texts, call logs, photos, videos and names of witnesses that show what actually happened.
- Think about the criminal case. If you are also charged with a crime, what you say at the protective order hearing can be used in the criminal case. Talk to a lawyer before you testify.
More detail: served with a protective order.
What happens at the protective order hearing?
At the hearing the applicant must prove, by a preponderance of the evidence, that family violence occurred and is likely to occur in the future (Family Code 81.001, 85.001), or must meet the requirements for another type of order such as one based on stalking or sexual assault. You or your lawyer can cross-examine the applicant and other witnesses, present your own witnesses and evidence, and object to evidence that should not come in.
Some cases end with an agreed order. An agreed order can avoid a contested hearing, but it is still a court order with criminal penalties for violation, and the court may still make findings. Understand exactly what you are agreeing to before you sign.
If you have a pending criminal charge, testifying carries risk. The Fifth Amendment protects you from being forced to incriminate yourself, but invoking it in a civil hearing has consequences of its own. This is one of the main reasons to have a criminal defense lawyer involved in the protective order case.
What can a protective order require?
Under Family Code 85.022, a final order can prohibit the respondent from committing family violence, communicating with the protected person in a threatening or harassing way or at all, going to or near the protected person's home, workplace or school, and possessing a firearm. It can also require counseling or a battering intervention program. Federal law separately prohibits firearm possession by a person under a qualifying protective order that protects an intimate partner or that partner's child and was issued after a hearing with notice (18 U.S.C. 922(g)(8)).
Questions about custody, visitation or property under a protective order belong in the divorce or custody court. We address the criminal exposure of an order; for custody and divorce questions, talk with a lawyer who handles those cases.
What is the penalty for violating a protective order?
| Situation | Level | Range |
|---|---|---|
| Most violations of a protective order, emergency order or family violence bond condition | Class A misdemeanor | Up to 1 year in jail, fine up to $4,000 |
| Two or more prior convictions under Penal Code 25.07 | Third-degree felony | 2 to 10 years, fine up to $10,000 |
| Violation committed by assault or stalking | Third-degree felony | 2 to 10 years, fine up to $10,000 |
| Two or more violations within 12 months (Penal Code 25.072) | Third-degree felony | 2 to 10 years, fine up to $10,000 |
Sources: Penal Code 25.07(g), 25.072, 12.21, 12.34.
See violation of a protective order.
Can a protective order be changed or ended early?
Yes, in some situations. Under Family Code chapter 87, either party can ask the court to modify a protective order, and a respondent under an order that lasts longer than a year can ask the court, after the first year, to review whether there is a continuing need for it (Family Code 85.025(b)). An emergency order can be modified after notice and a hearing if the court finds it unworkable and that the change will not put the protected person at greater risk (Code of Criminal Procedure 17.292(j)). Until a court changes the order, the original order controls, even if both people want to reconcile.
How do protective orders connect to a family violence case?
Protective orders and family violence charges often arise from the same event. The criminal case is prosecuted by the District Attorney, while the protective order case may be brought by the applicant, a private attorney or the prosecutor's office. Evidence, testimony and agreements in one case can affect the other. If you have both, coordinate them. See family violence assault defense.
Where are Dallas County protective order cases heard?
Emergency orders are issued by magistrates during magistration, commonly at the Lew Sterrett Justice Center after an arrest. Applications for temporary and final protective orders are filed in civil court. Criminal charges for violating an order are heard in the criminal courts at the Frank Crowley Courts Building, 133 N. Riverfront Blvd. We handle cases throughout the 12 North Texas counties we serve from our downtown Dallas office.
What is the timeline after you are served?
| Stage | What happens | Source |
|---|---|---|
| Application filed | The applicant files a sworn application in civil court | Family Code 82.002, 82.004 |
| Temporary ex parte order (if granted) | Signed without a hearing on a showing of clear and present danger; effective when you are served | Family Code 83.001 |
| Hearing set | Generally within about 14 days after the application is filed | Family Code 84.001 |
| Hearing | Evidence and witnesses from both sides; the judge decides whether the findings are met | Family Code 85.001 |
| Final order (if granted) | Usually up to 2 years; longer in listed situations | Family Code 85.025 |
| Review or modification | Motion to modify; review after the first year for orders longer than one year | Family Code 85.025(b), chapter 87 |
How should you prepare evidence for the hearing?
- Messages: save texts, emails and social media messages in the original app and as screenshots that show dates, times and the sender. Do not edit or crop them.
- Call logs from your phone or carrier.
- Witnesses: people who saw the events, or who can describe the relationship, the timeline or where you were. Witnesses may need a subpoena to appear.
- Records: police reports, prior court cases, and any earlier orders involving either person.
- Photos and video, including doorbell or home camera footage, preserved before it is overwritten.
- A timeline written as soon as possible.
What rights does the respondent have at the hearing?
You have the right to notice of the hearing, to appear, to present evidence, to cross-examine the applicant and other witnesses, and to be represented by a lawyer you hire. The judge decides the case, not a jury. The order has to be supported by evidence that meets the statute, not just by the application.
What happens if an order is granted?
- Read the final order. It may differ from the temporary order.
- Follow every term, including any firearm, stay-away and counseling provisions.
- Save proof of compliance, such as program completion records.
- Do not respond to contact from the protected person in a way the order forbids.
- Calendar the expiration date and the earliest date you can ask for review.
How does a protective order affect a pending criminal case?
- Testimony at the protective order hearing is under oath and can be used later in the criminal case.
- A violation of the order can be a new criminal charge (Penal Code 25.07) and can lead to revocation of bond in the existing case.
- The prosecutor may consider the existence of an order when negotiating the criminal case.
What are common mistakes respondents make?
- Moving back in because the protected person said it was fine.
- Sending one "apology" message.
- Posting about the other person online.
- Skipping the hearing because the accusation seems untrue.
- Signing an agreed order without understanding what it requires and how long it lasts.
What types of protective orders exist in Texas?
- Family violence protective orders under Family Code Title 4, sought in civil court by a member of the family or household, a dating partner, a prosecuting attorney or the Department of Family and Protective Services (Family Code 82.002).
- Magistrate's orders for emergency protection issued at magistration after an arrest for certain offenses (Code of Criminal Procedure 17.292).
- Protective orders for victims of sexual assault, stalking or trafficking under Code of Criminal Procedure chapter 7B, which do not require a family or dating relationship.
Each type has different rules for who can apply, how long it lasts and how it can be changed, so the first step is to identify which kind of order you were served with.
How do protective orders affect firearms?
A Texas protective order can prohibit possessing a firearm, and Penal Code 46.04(c) makes possession a crime while a qualifying order is in effect. Federal law, 18 U.S.C. 922(g)(8), also prohibits firearm possession by a person subject to a qualifying order issued after a hearing with notice and an opportunity to participate. The U.S. Supreme Court upheld that federal law in United States v. Rahimi (2024). If you own firearms, ask your lawyer how to store or transfer them lawfully before the hearing date.
What if the applicant wants to drop the order?
The applicant can ask the court to dismiss an application or modify an order, but the judge decides. Until the court signs an order ending or changing it, the existing order stays in effect, and contact allowed by the protected person can still be a violation by the respondent.
Key terms
- Applicant
- The person who asks the court for the protective order.
- Respondent
- The person the order is sought against.
- Ex parte order
- A temporary order signed without hearing from the respondent first.
- Finding of family violence
- The judge's determination that family violence occurred and is likely to occur in the future, required for a final family violence protective order (Family Code 85.001).
- Agreed order
- An order both sides consent to. It is still enforceable, and violating it can still be a crime.
Protective orders by county
Courts, prosecutors and local programs differ by county. See our local pages:
How do I get started?
The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013 or start a chat. Phones and chat are answered 24/7, with AI covering when no staff is free.
Last updated October 2026
Common questions
How long does a protective order last in Texas?
A final order usually lasts up to 2 years, and longer in situations listed in Family Code 85.025. A temporary ex parte order lasts up to 20 days and can be extended. An emergency order issued on or after September 1, 2025 lasts 61 to 91 days, or 91 to 121 days in deadly-weapon cases.
Is a protective order the same as a restraining order?
People use the words interchangeably. In Texas, a "protective order" is the Family Code order this page covers. A "temporary restraining order" usually refers to an order in a divorce or custody case, which is outside our practice.
Can I go home if I am served with a protective order?
Not if the order excludes you from the residence. Comply and ask about a police standby to collect belongings.
What if the other person contacts me?
The order restricts you, not them. Responding can still be a violation. Do not reply; save the messages and give them to your lawyer.
Can I contact my children?
Only as the order allows. Custody and visitation questions are outside our practice; we address the criminal side and recommend you talk with a lawyer who handles custody cases.
What happens if I miss the protective order hearing?
The court can grant the order by default (Family Code 85.006), and you lose the chance to present your side.
Will a protective order show up on a background check?
Protective orders are entered into law enforcement databases so officers can enforce them, and the court records are generally public. A violation conviction appears on a criminal history.
Can I fight a protective order if I have a pending assault case?
Yes, but what you say can be used in the criminal case. Get advice from a criminal defense lawyer before you testify.
Can a protective order be dismissed?
The applicant can withdraw the application, the court can deny it if the evidence does not meet the legal standard, and a final order can sometimes be modified or reviewed later under Family Code chapter 87 and 85.025(b).
Will I lose my guns?
A protective order can prohibit firearm possession while it is in effect, and federal law bars possession under qualifying orders that protect an intimate partner.
Is there a jury at a protective order hearing?
No. A judge decides whether to grant a protective order.
Do not wait for your court date to get help. Call (214) 239-2013.
Phones and chat are answered 24/7, with AI covering when no staff is free.
This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.