Updated on March 30, 2026
Texas courts issue protective orders, commonly referred to as restraining orders, to protect victims of abuse and violence. While many protective orders are reasonable and warranted, it is not uncommon for alleged “victims” to request and use protective orders to gain the upper hand in child custody, divorce, and other court proceedings.
If a court has issued a protective order against you, you should take the situation very seriously because your freedom may be at stake. It is critical to consult with a Coryell County criminal defense attorney as soon as possible if you have been hit with a restraining order in Texas.
Why Do Texas Courts Issue Protective Orders?
Restraining orders in Texas are generally reserved for instances when the person seeking the order credibly fears that the person named poses a threat to their personal safety. In Texas, being a victim of the following criminal offenses can serve as grounds for requesting a protective order:
Physical violence
Psychological or emotional abuse
Stalking
Sexual violence
Human trafficking
Workplace violence
Child abuse
Most protective orders in Texas are filed to prevent domestic violence and to protect one spouse from the abusive spouse while a divorce is pending. When a court grants a protective order, the respondent – the person against whom the order was issued – is required to stay away from the petitioner and prohibited from attempting to threaten or communicate with them.
In cases involving harassment, there does not have to be a prior relationship between the victim and the accused for a protective order to apply. Additionally, before a Texas court will issue a restraining order, it must be convinced that the person named poses a credible threat to the well-being or safety of the person seeking the order.
What Are the Types of Protective Orders in Texas?
Texas law recognizes three types of protective orders. If your case involves protective orders, contact a Coryell County defense attorney to protect your rights and your future.
Emergency Protective Orders
A court may issue an emergency protective order when you have been arrested for sexual abuse, domestic violence, or stalking.
Emergency protective orders are effective for up to 61 days. However, when an incident involves assault with the use of a deadly weapon, the emergency protective order may last for 91 days. A request for an emergency protective order can be requested by the victim of the crime, the police, a prosecutor, or the judge.
Temporary Protective Orders
A judge may issue a temporary protective order without hearing the respondent’s side of the story. In other words, if someone requests a protective order against you, you will not have a chance to defend yourself at the hearing before the order is issued.
Temporary protective orders typically last 20 days. However, the court may grant an extension of a temporary protective order upon the petitioner’s request or if the respondent has not been served with the protective order at the end of its expiration date. If a protective order was issued as part of a criminal or civil proceeding, the order would remain in effect until the proceedings are complete.
Permanent Protective Orders
Once the court has a chance to hear both the petitioner and respondent, it may decide to issue a permanent protective order.
In Texas, permanent protective orders remain in effect for the period specified in the court order. Generally, the duration of a permanent protective order does not exceed two years. However, the petitioner may request the court to extend the permanent order.
What Happens After a Protective Order Is Issued
When someone files a protective order against you, a judge may grant the order if it believes that the petitioner is in immediate danger. The judge may issue a temporary protective order, which will be effective for at least 20 days.
The type and terms of a protective order depend on the nature and severity of the allegations made in the petition requesting the order. For example, if the petitioner is your spouse who accuses you of domestic violence, you will most likely be ordered to vacate the marital home to comply with the protective order.
After a protective order is issued, the kinds of prohibitions it sets typically relate to further acts of violence or to contact between you and the person who sought the order. You may be required to refrain from:
Any acts of family violence or acts in furtherance of family violence
Any communication made in a threatening or harassing manner with the petitioner, including communication through a third party
Any communication with the petitioner via any means, including electronic communication such as phone calls, texts, emails, or social media messages or posts
Any acts that harm, threaten, or interfere with the care, custody, or control of a pet or companion animal belonging to the petitioner
Any removal of or tampering with a GPS monitoring system designed to track your whereabouts
Hanging around at or near specific places, including the home, workplace, school, or frequent haunts of the petitioner
The requirements spelled out by the restraining order can be comprehensive, and carefully following each of them is key to limiting the consequences you face.
What Are the Consequences of Having a Protective Order Issued Against You?
If a protective order has been issued against you, there are serious legal, personal, and professional consequences to be aware of.
Impact on Your Daily Life
A protective order can affect how you live your life on a day-to-day basis. You may be prohibited from going to certain places or interacting with certain people, which can significantly disrupt your routine — especially if you and the petitioner had closely intertwined lives prior to the order being issued.
Social and Professional Consequences
Protective orders are generally a matter of public record, which means that if one is issued against you, it can damage your reputation. It has also become increasingly common for employers to conduct background checks prior to hiring, and a restraining order on your record could affect your career prospects.
This factor is especially relevant if you work with vulnerable populations, such as children or the elderly, or if the restraining order relates to conduct in the workplace, which could lead to disciplinary action or termination.
Impact on Pending Legal Cases
If you are involved in other legal proceedings, such as a divorce or a child custody case, a protective order can directly affect how those cases are resolved. Violating a protective order is a serious legal matter, and that stain on your record can be taken into consideration in any future cases as well.
What Happens If I Violate a Protective Order in Texas?
Following a violation of the protective order, the court will issue a warrant for your arrest. You will be taken to jail and will have to attend a bail hearing. During the bail hearing, the judge will have to decide whether the violation actually occurred. You will then remain in custody while awaiting a trial.
At the trial, you will face the following penalties for violating the terms of the restraining order:
First violation: A Class A misdemeanor, punishable by a maximum fine of $4,000 and up to one year in jail.
Prior violations: A third-degree felony, punishable by 2 to 10 years in prison.
Beyond the fines imposed by the charge, there are also court fees to consider and potential restitution to the petitioner if the court determines you caused them harm.
There is also the possibility of a permanent criminal record, which can have long-term consequences affecting your ability to get a job, maintain professional licensure, rent a home, be approved for a loan, or further your education.
Expungement is possible, but only under highly specific circumstances.
If you are facing charges for violating a protective order, it is essential to contact a knowledgeable criminal defense attorney to dismiss or reduce the charges.
How to Avoid Protective Order Violations in Texas?
The best way to avoid violating a protective order is to follow the terms of the order, including staying away from the petitioner and avoiding any forms of contact with him or her.
If a court has issued a protective order against you, avoid the following:
Trying to contact the petitioner through a third party;
Sending messages, tagging, or mentioning the petitioner on social media platforms; and
Responding to the petitioner’s attempts to communicate with you (the petitioner may be trying to provoke you).
It is advisable to consult with an experienced criminal defense lawyer if a protective order has been issued against you. A skilled attorney can help you avoid violating the order and fight for the dismissal or reduction of criminal charges.
Bringing a Strong Defense
If a protective order has been issued against you, you have the right to raise a strong defense. Potential defense strategies tend to fall into a few key categories.
You Neither Threatened nor Caused Harm
A primary line of defense is that you neither threatened the petitioner nor caused them harm. If they cannot back up their claims with evidence, it bolsters your position that you did not pose any real or perceived threat to their safety. For example, if the event underlying the restraining order was a single argument that was ultimately blown out of proportion, that fact can be central to your defense.
The Allegations Are False
The allegations made against you may be false, fabricated, or exaggerated. The nature of close personal relationships is that conflict can spiral out of control, and one party may turn to a legal tool for their own advantage — whether it is warranted or not. If you have evidence such as witness testimony, photos, or electronic messages that contradicts the petitioner's claims, it can strengthen your defense.
There Was No Contact
Your defense may also be that there was no contact between you and the petitioner at all, or that any contact was coincidental, accidental, or fleeting. If the petitioner has little evidence to support their claim, your account of the situation may be given considerably more weight.
How a Criminal Defense Attorney Can Help
If a protective order has been issued against you, you need the skilled legal guidance of an experienced criminal defense attorney. Your attorney can help you by:
Ensuring that you fully understand the order against you, its legal implications, and the process ahead
Skillfully challenging the restraining order by uncovering inconsistencies, gathering evidence, and identifying false allegations, misunderstandings, or exaggerations
Preparing a strong defense that gives you a credible opportunity to refute the allegations
Negotiating a resolution — when appropriate — that could lead to a less-restrictive order or help you avoid further legal complications
It is advisable to consult with a criminal defense lawyer as soon as possible if a protective order has been issued against you. A skilled attorney can help you avoid violating the order and fight for the dismissal or reduction of any criminal charges.
Talk to a Coryell County Criminal Defense Attorney for Free
If someone filed a protective order against you, the first thing you should do is contact a criminal defense attorney to protect your rights and freedom. At the Law Office of Brett H. Pritchard, we are here to help you navigate the criminal justice system in Texas and fight for the most favorable outcome possible in your criminal case. Call us at (254) 781-4222 or contact us online to receive a FREE consultation.