Quick Answer
A protective order is a civil court order that restricts contact and behavior toward a protected person, often issued in assault or family violence cases. Violating a protective order is a separate criminal offense in Texas, even if the underlying assault case is dismissed.
What Is a Protective Order in Texas?
A protective order in Texas is a civil court order issued under the Texas Family Code that restricts contact and behavior to prevent alleged future harm, most commonly in cases involving family violence, dating violence, stalking, harassment, or assault.
A protective order does not require a criminal conviction and can be issued early in a case.
What a Protective Order Means, How It Works, and What to Do Next
A protective order can change your life overnight. You may be removed from your home, barred from contacting family members, prohibited from possessing firearms, and arrested for even accidental violations—all before any criminal case is resolved.
Protective orders are court orders, not criminal convictions. However, they are aggressively sought and strictly enforced, especially in assault and family violence cases. Violating a protective order is a separate criminal offense, even if the underlying assault case is dismissed.
This guide explains what a protective order is in Texas, how they work, what restrictions apply, how they differ from restraining orders, and what you should do next to protect yourself.
Protective Order vs Restraining Order in Texas (Key Differences)
A protective order is not the same as a restraining order.
- A protective order is issued under the Texas Family Code and is typically requested by prosecutors or alleged victims in cases involving violence or threats. Violating a protective order is a criminal offense.
- A restraining order is usually issued in civil matters such as divorces or custody disputes. Violating a restraining order is typically enforced through civil contempt, not automatic criminal charges.
Protective orders carry far more serious consequences than restraining orders and must be treated accordingly.
Texas Protective Order Law vs Practice
Protective orders are authorized statewide under Texas law, but how they are sought and enforced varies by county.
Typically:
- Prosecutors routinely request protective orders in assault and family violence cases
- Temporary orders are often issued quickly, sometimes without a hearing
- Enforcement is strict, and violations frequently result in arrest
- Courts treat protective orders as independent from the criminal case
Understanding enforcement practices in Texas is critical.
What a Protective Order Can Restrict
A protective order may legally require you to:
- Have no contact with the protected person
- Leave your home, even if you own or lease it
- Stay a specified distance from certain locations
- Avoid contact with children or other family members
- Surrender or avoid possessing firearms and ammunition
These restrictions take effect immediately once the order is issued.
Types of Protective Orders in Texas
| Type | When Issued | Duration | Issued Without Hearing? |
|---|---|---|---|
| Temporary / Emergency Protective Order | Shortly after arrest | 20–61 days | Yes |
| Final Protective Order | After court hearing | Up to 2 years (or longer in limited cases) | No |
Both types are entered into law enforcement databases and are enforceable statewide.
Protective Orders Are Civil — Violations Are Criminal
A protective order itself is a civil order. However, violating it is a criminal offense.
Violations include:
- Calling, texting, or messaging the protected person
- Having a third party pass a message
- Accidental or brief in-person contact
- Being too close to restricted locations
Intent does not matter. Even invited or accidental contact can result in:
- Immediate arrest
- New criminal charges
- Bond revocation
- Increased jail exposure
Protective Orders and Assault Cases: Why They Matter Together
A protective order can remain in effect even if the assault case is dismissed or reduced. This means:
- Contact restrictions still apply
- Firearm prohibitions may remain
- Violations can still lead to arrest
Protective orders must be handled as a separate legal issue, not an afterthought.
If / Then Logic: What Happens Next
- If you comply strictly → risk remains limited
- If you make any contact → new criminal charges are likely
- If firearms are not surrendered → arrest risk increases
- If restrictions are ignored → bond revocation is possible
Most violations occur because people underestimate how strict these orders are.
Can a Protective Order Be Challenged or Modified?
Yes. Protective orders are not automatic or untouchable.
A defense lawyer may be able to:
- Contest a final protective order at a hearing
- Challenge the factual basis for the order
- Seek modification of overly broad restrictions
- Coordinate compliance strategies to avoid violations
Timing matters. Early intervention provides more options.
What to Do If You Are Served With a Protective Order
If you are served with a protective order:
- Do not contact the protected person in any way
- Read every restriction carefully
- Follow distance and location rules strictly
- Surrender firearms if required
- Contact a defense lawyer immediately
What a Protective Order in Texas Does NOT Mean
- It does not mean you were convicted of a crime
- It does not automatically end when the criminal case ends
- It does not allow “consensual” or invited contact
- It does not require proof beyond a reasonable doubt
Bottom Line
In Texas, a protective order is a civil court order; however, violations are aggressively enforced and can result in arrest and jail even if the underlying assault case is dismissed. A protective order is not the same as a restraining order, and strict compliance combined with early legal guidance is essential to protecting your freedom.
FAQs: Protective Orders in Texas
Is a protective order the same as a restraining order in Texas?
No. A protective order is issued under the Texas Family Code and carries criminal penalties for violations, while a restraining order is typically a civil order enforced through contempt, not criminal charges.
Can a protective order force me out of my home in Texas?
Yes. Texas courts may order you to leave a shared residence regardless of ownership or lease status if a protective order is issued.
How long do protective orders last in Texas?
Temporary protective orders usually last between 20 and 61 days. Final protective orders typically last up to two years, and in limited circumstances, they may last longer.
What happens if the protected person contacts me first?
You must not respond. Consent, invitation, or initiation of contact by the protected person does not excuse a violation of a Texas protective order.
Do protective orders automatically end if the criminal case is dismissed?
No. A protective order can remain in effect even if the related criminal case is dismissed unless the order expires or is modified by the court.
Is violating a protective order a crime in Texas?
Yes. Violating a protective order is a separate criminal offense in Texas and can result in arrest, new charges, and jail time.
Can a protective order affect my gun rights in Texas?
Yes. Many protective orders prohibit possessing firearms or ammunition for the duration of the order, and violations can carry serious criminal penalties.
Do I need a conviction to have a protective order issued?
No. A protective order can be issued without a criminal conviction and may be granted early in a case based on alleged conduct.
Sources
Michael & Associates research, Texas Family Code.
