What Is a Protective Order?

A protective order, often referred to as a restraining order, is a court-issued directive designed to prevent contact between two individuals. In Texas, these orders are commonly issued in situations involving domestic violence, harassment, stalking, or threats of harm. While protective orders are civil in nature, violating one is a criminal offense, which can lead to serious legal consequences.

Protective orders can significantly impact a person’s daily life, affecting housing, employment, child custody, and even firearm possession. If you are facing a protective order, it is crucial to understand how they work and what legal options you have to challenge them.

Types of Protective Orders in Texas

There are two primary types of protective orders in Texas: Temporary Protective Orders (TPOs) and Full Protective Orders.

1. Temporary Protective Orders (TPOs)
   
   • These orders are typically issued immediately after an arrest in domestic violence cases.
   • A magistrate judge sets the order, which usually lasts 20 days.
   • The goal is to prevent further contact between the accused and the alleged victim while the case is pending.
   • In many cases, TPOs are issued without a hearing, meaning the accused does not have an opportunity to contest the order before it takes effect.
2. Full Protective Orders
   
   • These orders are issued after a formal court hearing, where both parties have the chance to present their arguments.
   • They can last up to two years or, in extreme cases, be made permanent.
   • A judge may grant a lifetime protective order if there is a history of extreme violence.
   • These orders often include strict conditions, such as prohibiting contact, requiring the accused to move out of a shared residence, or restricting firearm possession.

How Protective Orders Are Issued

When a person files for a protective order, the court reviews their request and determines whether a temporary order is necessary. Because TPOs are often granted without a hearing, the accused may not be aware of the order until they are formally served.

For a full protective order, a hearing is scheduled where both parties can argue their case. If a judge grants the order, it remains in place for the specified duration unless successfully challenged or modified.

The Consequences of a Protective Order

A protective order can have serious, lasting consequences, including:

• Criminal charges for violations, including jail time and fines.
• Restrictions on living arrangements, requiring the accused to move out of their home.
• Employment difficulties, especially for those in professions requiring background checks.
• Loss of firearm rights, as Texas law prohibits individuals under protective orders from owning or carrying firearms.
• Child custody and visitation limitations, which can affect parental rights and future custody proceedings.

Even if you do not intend to violate a protective order, accidental contact—such as running into the protected person at a store—could lead to legal trouble. That’s why it’s crucial to fight an unfair or overly restrictive protective order.

Can You Fight a Protective Order?

Yes, you can fight a protective order in Texas. While temporary protective orders are often issued without a hearing, you can contest a full protective order by presenting evidence and legal arguments in court. Here’s how:

1. Challenge the Basis for the Order
   
   • Protective orders require evidence of a credible threat or history of violence.
   • If there is no real threat, your attorney can argue that the order is unnecessary.
2. Provide Evidence That Contradicts the Allegations
   
   • Witness statements, text messages, social media posts, and other evidence may disprove the claims.
   • If the accuser has a history of making false accusations, this can be used in your defense.
3. Negotiate a Modification
   
   • In cases where a protective order disrupts your living situation, employment, or parental rights, you may request modifications.
   • A lawyer can help request reasonable changes, such as allowing limited contact for child custody arrangements.
4. Prove That the Order Is Being Used Maliciously
   
   • In some cases, people misuse protective orders as a tactic in divorce, custody battles, or revenge scenarios.
   • If you can show the court that the order is being sought in bad faith, the judge may dismiss it.

What Happens If You Violate a Protective Order?

Violating a protective order in Texas is a criminal offense. Even if the protective order was issued in civil court, breaking its terms leads to criminal charges. Here’s what you need to know:

• First-time violations are usually classified as Class A misdemeanors, punishable by up to a year in jail and a $4,000 fine.
• Repeat violations or cases involving violence or stalking can be charged as felonies, leading to prison time.
• Accidental violations, such as accidental contact at a store or a mistaken text message, can still result in criminal charges.

If you are accused of violating a protective order, contact an attorney immediately to avoid further legal consequences.

How a Protective Order Can Affect Your Life

Protective orders impact more than just your legal record. They can affect:

• Where you live – You may be forced to move out of your home.
• Your job – Employers may terminate or refuse to hire individuals with protective orders.
• Your ability to see your children – Protective orders often come with child custody restrictions.
• Your gun rights – Federal law prohibits firearm ownership while under a protective order.

These long-term consequences make it essential to challenge a protective order whenever possible.

Why You Need an Attorney

If you have been served with a protective order, acting fast is critical. A criminal defense attorney can:

• Challenge false allegations before they turn into permanent restrictions.
• Defend you in court and fight to get the order dismissed.
• Prevent violations by ensuring you understand the conditions of the order.
• Modify existing orders to allow for necessary contact (such as child custody arrangements).

At BRCK Criminal Defense Attorneys, we have successfully helped clients fight unjust protective orders and avoid criminal penalties.

Need Legal Help? Contact BRCK Criminal Defense Attorneys Today

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