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Most people first hear the words “protective order” on the worst day of their life, either standing in front of a magistrate hours after an arrest or opening court papers that say a hearing is set and they need to be there. If that is you, the instinct is to explain, to call the other person and straighten it out, to assume this is a misunderstanding that will sort itself out. Do not act on that instinct. A protective order carries real and lasting consequences, and the choices you make in the first days can affect your firearms rights, your housing, your job, your immigration status, your access to your children, and any criminal case connected to the allegations.
This guide explains the main kinds of protective orders you can face in Texas, how long each one can last, and what they can mean for your life. We represent people facing protective orders. Here is what you need to understand.
If a protective order has been filed or issued against you:
Follow every term immediately, even if you believe the order is unfair or based on lies. A knowing or intentional violation of certain terms can become a separate crime. Violating a bond condition can also send you back to jail and turn a defensible situation into a new criminal case.
If the order or your bond conditions prohibit contact, do not contact the protected person. Not by phone, not by text, not through social media, and not through a friend or family member. Indirect contact still counts. The protected person cannot give you permission to disregard a court order.
Do not go to the places the order lists: a home, a workplace, a school, or a childcare facility. If you shared a home with the protected person, do not assume you can return just because your name is on the lease or deed.
Do not guess about firearms. Texas and federal law can independently prohibit possession. Have a lawyer read the actual order, determine which restrictions apply, and help you arrange a lawful transfer or surrender when necessary. At CMK Defense, we can help you figure this out.
Preserve everything. Save relevant text messages, call records, emails, photographs, videos, location information, and social media communications. Do not delete, alter, post, or distribute anything. Share it only with your attorney. It can be evidence, and how and when it comes out matters.
Write down the hearing date and treat it as one of the most important appointments you have. If you receive proper notice and do not show up, the court can enter the order without hearing your side.
Call CMK Defense at 512-375-3303 now, before the hearing. The sooner we are in the case, the more time we have to investigate the allegations, protect the related criminal case, and challenge or narrow the requested terms.
The way an order begins, whether a hearing occurs before it is first issued, and how long it may last depend on the type of order involved.
People use these terms interchangeably. Texas courts do not.
A temporary restraining order in a divorce or civil lawsuit usually preserves property or maintains the status quo while the case is pending. A violation is generally addressed through contempt proceedings.
Texas law authorizes protective orders in cases involving family violence and certain sexual, stalking, trafficking, and burglary offenses. A protective order is different from a routine civil restraining order. It can restrict contact, access to locations, firearm possession, housing, and other conduct. Violating certain terms can be a crime. Some protective orders are entered by agreement without a formal finding that family violence occurred, but they are still enforceable.
A no-contact order can also be imposed as a condition of bond in a criminal case. It can apply even when no one has filed a separate civil protective-order case.
The person asking for the order is the applicant. The person the order is filed against is the respondent.
These are the most common types of protective orders you are likely to encounter in Texas.
If you were arrested for an offense involving family violence, sexual assault or abuse, indecent assault, stalking, or trafficking, a magistrate may issue a Magistrate’s Order for Emergency Protection under Article 17.292 of the Texas Code of Criminal Procedure. That is the formal name. In the courthouse, almost everyone calls it an Emergency Protective Order or EPO.
A magistrate can issue the order without anyone asking for it, or at the request of the complainant, the complainant’s guardian, a peace officer, or the attorney representing the State. In certain family violence cases, the magistrate does not have a choice and must issue one. That includes qualifying arrests involving serious bodily injury or the use or exhibition of a deadly weapon during an assault.
An EPO takes effect when it is issued. The person subject to the order must be served in person or electronically, and the magistrate must create a separate record of service. From that moment, the order is binding. For orders issued on or after September 1, 2025, an EPO generally lasts between 61 and 91 days. If a deadly weapon was used or exhibited, it lasts between 91 and 121 days.
While it is in effect, an EPO can prohibit family violence, threatening or harassing communication, all communication, or going near the protected person’s home, workplace, school, or childcare facility. It can also prohibit firearm possession and affect a license to carry. The exact words matter.
Not every EPO prohibits every kind of contact. Some prohibit all contact. Others prohibit only threatening or harassing contact. Read the actual order and every bond condition. If they conflict, follow the more restrictive condition until a court changes it.
The emergency order is temporary by design. It is the State’s first move, issued fast and often on limited information. That does not make it harmless. What you say and do while it is in effect can hand the prosecutor evidence for the underlying criminal case.
This is the one most people picture when they hear “protective order”: a civil order an applicant seeks in court, usually after alleged family or dating violence. It proceeds under Title 4 of the Texas Family Code and usually has two stages.
Understand one thing up front: this protective-order case is its own civil case. No one has to be arrested, charged, or convicted before an eligible applicant can file it. A court can enter a final order after finding by a preponderance of the evidence that family violence occurred. Preponderance of the evidence means more likely than not. That is a much lower bar than proof beyond a reasonable doubt in a criminal case. People are surprised to learn a full protective order can be entered when no one was ever charged with a crime. It happens.
After an application is filed, a court may issue a temporary ex parte order under Section 83.001 of the Texas Family Code if the application shows a clear and present danger of family violence. That can happen without the respondent being there and before the respondent has any opportunity to answer the allegations.
Under Section 83.002, the temporary order can last up to 20 days. The court may extend it for additional periods of up to 20 days. It is the bridge that holds until the full hearing.
The respondent has not yet had a chance to present evidence when the temporary order is issued. You have not had your say, which is exactly why the final hearing matters. That is where the allegations and the terms the applicant is requesting can finally be tested.
At the final hearing, both sides may present testimony, documents, photographs, recordings, messages, and witnesses. Each side may cross-examine the other side’s witnesses. This is the first time the court may hear the full story from both sides.
Under Section 85.001 of the Texas Family Code, the judge must decide whether family violence occurred. Note what is not required. Current law does not require a separate finding that it is likely to happen again. If the applicant proves by a preponderance of the evidence that family violence occurred, that can be enough to support a final order. That finding is the part that follows you.
Who can be covered reaches far beyond spouses. Family violence and dating violence under Chapter 71 can involve current or former spouses, people who share a child, family members, household members, and people who are or were in a dating relationship. A short dating relationship can be enough.
Most people hear that a final family violence protective order lasts up to two years. That is generally true under Section 85.025(a), but it is not the whole story. If the order does not state a period, it ordinarily expires on the second anniversary of the date it was issued.
A court can enter an order lasting more than two years if it finds that the respondent:
Texas changed the duration rules for protective orders rendered on or after September 1, 2025. Depending on the related proceedings, a qualifying order can now remain effective until the second anniversary of:
That means an order connected to a long-running divorce, custody case, or criminal prosecution can remain effective considerably longer than two years. The words “up to two years” can be seriously misleading if you stop reading there.
This is the kind of protective order that can last as long as you live. Separate from the family violence process, Chapter 7B of the Texas Code of Criminal Procedure authorizes protective orders involving certain sexual assault or abuse, indecent assault, stalking, trafficking, and burglary offenses. Older online materials may refer to former Chapter 7A, which was recodified as Chapter 7B effective January 1, 2021. Texas added qualifying burglary offenses to this chapter effective September 1, 2025.
Unlike a family violence protective order, a Chapter 7B order does not require any particular family, household, or dating relationship between the applicant and the respondent. A case involving strangers can qualify.
The feature that sets these orders apart is duration. Under Article 7B.007, the court may make a final order effective for the lifetimes of the offender and victim or for a shorter stated period. If the order does not state a period, it remains effective until the second anniversary of the date it was issued.
In one situation, the lifetime term is not discretionary. If a person is convicted of or placed on deferred adjudication for a qualifying offense and must register as a sex offender for life, the court must issue the protective order for the duration of the lives of the offender and victim. That is an order that can follow a person for life.
Here is a trap people fall into. They post bond, no separate protective order has been entered, and they assume they are free to go home or contact the complainant. They may not be. A no-contact requirement can ride in on the bond itself, and a similar restriction can appear in a jail commitment or release order.
Related CMK guide: Arrested in Austin? How CAFA Affects Getting Out of Jail in Travis County
Under Article 17.40 of the Texas Code of Criminal Procedure, a magistrate may impose reasonable bond conditions related to the safety of the alleged victim or the community. Those conditions may include no communication with the complainant and restrictions on going near a home, workplace, school, or childcare facility. That is a no-contact order in everything but name, and it can exist whether or not anyone ever files a separate protective-order case.
Violating that condition can hurt you two ways. First, after notice and a hearing, the court can revoke the bond if it finds by a preponderance of the evidence that the person accused broke a condition. That can mean a new arrest and an immediate return to custody.
Second, in a family violence, sexual assault or abuse, indecent assault, stalking, or trafficking case, a knowing or intentional violation that falls within Section 25.07 of the Texas Penal Code can become a separate criminal charge. A new arrest and a new charge, on top of the case you already have.
So, the rule from the first section still holds even when no protective order is on paper: no contact means no contact. The complainant inviting it does not make it safe. If contact is necessary for children, property, work, or another legitimate reason, that request goes to the court through your lawyer.
This is the part that gets underplayed when people assume an order is “just paperwork.” The order itself is civil in many cases. The consequences are not.
Section 46.04(c) of the Texas Penal Code makes firearm possession a Class A misdemeanor for most people who possess a firearm after receiving notice that they are subject to a qualifying protective order and before the order expires. The law covers qualifying orders under the Family Code, an EPO under Article 17.292, a Chapter 7B order, and certain orders from other jurisdictions. A narrow exception applies to certain peace officers.
Even an agreed order entered without a formal family violence finding can be enforceable and trigger Texas firearm restrictions. For most people covered by the statute, the order means the guns go for as long as the restriction applies. Do not assume that removing a finding or changing language in the written order automatically preserves or restores firearm rights.
This is the part people often miss. Federal law asks a separate set of questions. Under 18 U.S.C. Section 922(g)(8), it is a federal crime to possess a firearm or ammunition while subject to a qualifying protective order. The federal statute generally requires an order issued after a hearing of which the person received notice and had an opportunity to participate. The order must protect an intimate partner or child and contain a qualifying threat finding or prohibition on the use, attempted use, or threatened use of physical force.
The reason this area was fought over is New York State Rifle & Pistol Association v. Bruen, 597 U.S. 1 (2022). Bruen adopted a historical-tradition test for Second Amendment cases. A lower court relied on that decision to strike down the federal protective-order firearm prohibition. In United States v. Rahimi, 602 U.S. 680 (2024), the Supreme Court said that result was wrong and upheld the law as applied to a person found by a court to pose a credible threat.
Translation: the findings and exact words in a proposed order matter. No one should agree to a protective order without understanding both the Texas and federal firearm consequences.
Contact that feels harmless can still create a criminal case. A text to “just talk,” a visit to see your children, or showing up at a prohibited location can be prosecuted if it knowingly or intentionally violates a term covered by Section 25.07 of the Texas Penal Code. A first violation is generally a Class A misdemeanor, punishable by up to one year in county jail and a fine of up to $4,000.
The offense can become a state jail felony when a person violates certain Chapter 7B orders entered after a conviction or deferred adjudication, or violates specified terms while possessing a deadly weapon. It can become a third-degree felony when the person has two qualifying prior convictions or violates the order or bond condition by committing assault or stalking.
Texas also has a repeated-violation statute. Section 25.072 can apply when a person commits two or more qualifying violations within 12 months or less. The protected person cannot consent their way around the order. Even if that person invites or starts the contact, the respondent is the person bound by the order and remains bound until a court changes or ends it.
A protective order can put you out of a shared home and prohibit you from returning, even if your name is on the lease or deed. The paperwork does not become optional because you own or rent the property. Do not return for clothes, medication, tools, or anything else without first obtaining legal advice and arranging a lawful method of access.
A protective order can name children as protected people and limit or eliminate contact with them. Under Section 85.021 of the Texas Family Code, the court can also set possession and access to a child. While the protective order is in effect, it generally takes priority over a conflicting custody or visitation order.
Two things matter here. First, the reasons for including a child or restricting parental contact can be challenged. Second, if continued access is appropriate, it does not happen on its own. The court order must clearly spell out the permitted contact, exchanges, supervision, and communication. A general no-contact provision with no parenting exception can leave a parent with no lawful way to see or communicate with the child.
Do not assume the protective-order case and any family-court case are walled off from each other. They are not. CMK Defense can coordinate with a client’s family lawyer so that the criminal, protective-order, and custody strategies do not work against each other.
A protective order is a civil court matter, but that does not make it invisible. The case or order may appear in civil court searches, professional licensing investigations, security-clearance reviews, law-enforcement databases, or more comprehensive background checks. What appears depends on the type of order, the court’s records, and the screening service being used.
If you are not a United States citizen, admissions made in a protective-order case, the underlying conduct, a related criminal charge, or a conviction for violating the order may create immigration consequences that outlast the order itself. This is where protective-order, criminal, and immigration law overlap, and one-size-fits-all advice is not enough. The lawyers handling the cases should coordinate before you testify or agree to any terms.
Here is the part people often do not realize until it is too late: a final protective order is not automatic, and the respondent is not powerless in the process. In a contested case, the respondent has the right to notice, a hearing, the opportunity to present evidence, and cross-examination.
There is real strategy in how these cases are handled. Sometimes the fight is factual: the alleged violence did not happen, or the account falls apart when compared with messages, recordings, witnesses, location data, or prior statements. Other cases turn on whether the evidence supports particular findings or requested restrictions.
An agreed order can sometimes be entered without a formal finding that the respondent committed family violence. That difference may affect some consequences, but it does not automatically preserve firearm rights or eliminate the effect of the order. Sometimes the protective-order case and the criminal case have to be defended together because what you say or concede in one can damage you in the other. Testimony, affidavits, discovery responses, and agreements do not stay neatly inside one courtroom. The exact language and legal consequences should be understood before anything is signed.
Going into the hearing without counsel, skipping it entirely, or signing an agreement you do not understand is how people end up bound by terms far broader and longer than the facts justify.
Protective-order cases often begin with one person’s affidavit and an incomplete picture. We want the complete message threads, not selected screenshots. We compare the application with police reports, recordings, photographs, prior statements, location information, and the actual timeline. We also look closely at whether the terms being requested are broader than the allegations could justify.
The facts matter. So does knowing where to look for them.
We do some of our most important work well before the final hearing. When we are in the case early, we can preserve evidence, identify the connected criminal and family-court issues, contact counsel for the applicant when appropriate, and go to work. In some cases that means presenting information that contradicts the affidavit. In others, it means negotiating a resolution that is far less restrictive than the order being requested.
A final order does not get entered only after a contested hearing. It can also be entered by agreement or by default when a properly notified respondent does not appear. So, the goal is not just to survive the hearing. It is to understand and shape the possible outcomes before that date.
If the case reaches a contested hearing, we hold the applicant to the legal burden, test the account through cross-examination, and put before the judge the evidence and witnesses that were not there when the temporary order was issued. We also work to keep unnecessary terms out of any order the court enters.
If a protective order has been filed or issued against you in Austin or anywhere in Central Texas, the hearing date is a real deadline. Any existing order or bond condition is already binding you. The sooner we are in the case, the more we can do to protect your options.
Call CMK Defense at 512-375-3303. Do not contact the protected person, do not wait for the hearing to sneak up on you, and do not sign or agree to anything until you understand exactly what it will do.
People use these terms interchangeably. Texas courts do not. A temporary restraining order is generally a civil order used in a lawsuit or divorce to preserve property or maintain the status quo, and violations are usually addressed through contempt. A protective order is different. Texas law authorizes it in cases involving family violence and certain qualifying offenses. It can restrict contact, locations, housing, and firearm possession, and violating specified terms can result in arrest and prosecution.
Yes. A civil protective-order case is separate from a criminal prosecution. It does not require an arrest, criminal charge, or conviction. A court can enter a final family violence protective order after finding by a preponderance of the evidence that family violence occurred. People are often surprised to learn they can face a full protective order without ever being prosecuted. It happens.
For orders issued on or after September 1, 2025, a Magistrate’s Order for Emergency Protection generally lasts between 61 and 91 days. If a deadly weapon was used or exhibited, it lasts between 91 and 121 days. Earlier orders follow the duration law in effect when they were issued.
Most people hear “up to two years.” That is generally true, but it is not the whole story. A court can order a longer period after making certain findings. For orders rendered on or after September 1, 2025, the order can also continue until two years after the final disposition of a related divorce, custody case, or qualifying family violence criminal case.
Yes. Under Article 7B.007 of the Texas Code of Criminal Procedure, a qualifying Chapter 7B order can be effective for the lifetimes of the offender and victim. A lifetime order is mandatory when the respondent is convicted of or placed on deferred adjudication for a qualifying offense and must register as a sex offender for life. A family violence order can also exceed two years when the court makes the findings required by Section 85.025.
Often, yes, for as long as the restriction applies. But the answer depends on the kind of order, whether notice and a hearing occurred, the protected relationship, and the findings and exact terms. Texas law and federal law have separate requirements. Do not guess. Have a lawyer read the order immediately and help arrange any required lawful transfer or surrender.
If the order or your bond conditions prohibit contact, the safest answer is simple: do not respond. The respondent is the person bound by the restriction. An invitation from the protected person does not change the court order and does not make the contact safe. Any necessary change has to go through the court and your lawyer.
Knowledge and notice matter, and a temporary ex parte order generally must be served before a violation can be prosecuted under Section 25.07. But be careful: not being formally served is not always the same as not knowing. Being present when the order is issued, receiving it electronically, or otherwise obtaining actual notice may matter. The safe move is to treat the order as binding the moment you learn it exists and get legal advice immediately.
Yes. If you receive proper notice and do not appear, the court can proceed without you and enter the order based on whatever the applicant presents. The hearing is your main opportunity to challenge the allegations, findings, requested duration, and terms with a lawyer at your side.
Sometimes. A court can approve an agreed protective order without making the findings usually required by Section 85.001. The order is still enforceable, however, and the absence of a family violence finding does not automatically preserve firearm rights or eliminate other consequences. This is exactly why the words in the proposed order need to be understood before anything is signed.
It can. A protective order can name children as protected people, limit or cut off parental contact, and set possession and access. It can also take priority over a conflicting custody or visitation order while it is in effect. If continued access is appropriate, it does not happen on its own. Any visitation, exchanges, or parenting communication must be clearly authorized by a court order.
Yes. Under Article 17.40 of the Texas Code of Criminal Procedure, a magistrate may impose a no-contact or stay-away condition of bond related to the safety of the alleged victim or the community. These conditions are common in family violence and similar cases. Violating them can result in bond revocation, a new arrest, and, when the conduct falls within Section 25.07, a separate criminal charge.
Sometimes. The strongest opportunity may be defeating the application before a final order is entered. Once an order exists, the strategy changes shape. Options may include modifying overbroad terms, seeking review of a family violence order after the first anniversary under Section 85.025, appealing a preserved legal error, or negotiating an agreed modification or early termination when the law allows it. No honest lawyer can promise the order will disappear, but several paths may be worth pursuing depending on the facts.
It can. A protective order is a civil court matter, not a criminal conviction, but that does not make it invisible. The case or order may appear in civil court searches, licensing investigations, security-clearance reviews, law-enforcement databases, or comprehensive background checks. It will not necessarily appear in every routine criminal background check.
Tell us what’s going on. We’ll help you figure out what to do next—starting today.
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