Served with a protective order: what to do

Step 1: read the papers

You may have received an application, a temporary ex parte order and a notice of hearing. Find the hearing date and court, and list exactly what you are prohibited from doing and where you cannot go.

Step 2: comply now

A temporary ex parte order takes effect when you are served. If it excludes you from the home, leave and arrange a police standby to collect necessities. Do not go to places the order lists.

Step 3: no contact, in any form

Calls, texts, social media messages and comments, emails, gifts and messages sent through other people can all violate the order. Violation is a crime under Penal Code 25.07.

Step 4: gather your evidence

Save messages, call logs, photos and videos. Write a timeline while your memory is fresh. List witnesses.

Step 5: prepare for the hearing

The applicant must prove family violence occurred and is likely to occur again (Family Code 85.001). You can cross-examine witnesses and present evidence. If there is a pending criminal case, get advice before you testify.

Step 6: understand any agreed order

Agreeing to an order can avoid a contested hearing, but violating an agreed order carries the same criminal penalties.

What if I was served right before the hearing?

If you were served with notice of the application less than 48 hours before the hearing, the court must reschedule the hearing on your request, to a date not later than 14 days after the original date (Family Code 84.004). Ask for this at the hearing; do not simply skip it.

What happens if I do not show up?

If you were properly served and do not appear, the court can render a protective order by default (Family Code 85.006). Missing the hearing gives up the chance to present evidence and question the applicant.

What is an agreed order?

The parties can agree to a protective order instead of having a contested hearing (Family Code 85.005). An agreed order is enforceable like any other, and violating it can be a crime. Before agreeing, understand exactly what it requires, how long it lasts, how it treats firearms, and how it might affect a pending criminal case.

Should I testify if I also have a criminal case?

Testimony at the protective order hearing is under oath and can be used in a criminal case. You have the right not to incriminate yourself. Whether and how to testify should be decided with a lawyer who knows both cases.

How long will the order last if granted?

Usually up to two years, and longer in situations listed in Family Code 85.025, such as certain felony conduct. If no expiration date is stated, it lasts two years. See how long a protective order lasts.

Where are these cases heard outside Dallas?

A protective order case is usually filed in a civil court in the county where the applicant or respondent lives, while any related criminal case is filed where the offense is alleged to have happened. We handle cases from our only office, in downtown Dallas, in 12 North Texas counties. Each county page lists the courthouse, the prosecutor's office and the jail: Dallas, Tarrant, Collin, Denton, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Hunt, Navarro.

What should I bring to a consultation?

• Bond paperwork and any protective order, with the dates you received them
• Messages, call logs and social media posts from before and after the incident, saved in the original app and as screenshots
• Names of witnesses and anyone who saw or heard part of what happened
• Photos of any injuries you had, and medical records
• Any earlier police reports, court cases or orders involving either person

What can a final protective order require?

If the court finds that family violence occurred and is likely to occur again, Family Code 85.022 lets it order the respondent to complete a battering intervention and prevention program or counseling, and to stay away from the protected person. The order can prohibit committing family violence, communicating in a threatening or harassing way, communicating at all except through an attorney or court-appointed person if the court finds good cause, going to or near the protected person's home, workplace or a child's school or child care facility, and conduct reasonably likely to harass or annoy, such as following the person.

How long does an order last if I also have a criminal case?

Usually up to two years (Family Code 85.025(a)). But if the order is rendered against a respondent who is charged with a criminal offense involving family violence, the order lasts until the second anniversary of the final disposition of the criminal case (85.025(a-4)). Because a criminal case can take months or more, the protective order can last well beyond two years from the date it was signed.

Can I ask the court to end the order early?

You can file a motion asking the court to review whether the order is still needed, but not earlier than the first anniversary of the date it was rendered (Family Code 85.025(b)). If the court does not find that there is no continuing need, the order stays in effect until it expires, and your compliance alone does not support that finding (85.025(b-2)).

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