How Protective Orders Impact Child Custody and Visitation

A Beginner’s Guide to Parenting Restrictions in Texas Assault and Family Violence Cases

When a protective order is issued in an assault or family violence case, most people focus on the immediate restrictions — no contact with the alleged victim, stay-away orders, or firearm prohibitions. But many don’t realize that protective orders also carry serious consequences for child custody and visitation rights — sometimes even before you’ve had your day in court.

Whether you’re a parent facing assault allegations or someone who’s just been served with a Magistrate’s Order for Emergency Protection, it’s critical to understand how these orders can reshape your access to your children, affect family court proceedings, and even alter long-term custody arrangements.

In this post, we’ll explain how protective orders work in relation to child custody and visitation in Texas, and why early intervention from a criminal defense attorney near you is critical if you want to protect your parenting rights.

Can a Protective Order Affect Your Parental Rights?

Yes — protective orders can directly impact your ability to:

• See or communicate with your children
• Enter your home (even if your children live there)
• Exercise custody or visitation under a court order
• Participate in child exchanges, pickups, or drop-offs
• Make decisions related to your child’s care

These effects are not always obvious at first, but they often arise immediately upon issuance of an emergency or final protective order.

Types of Protective Orders That Affect Custody

1. Emergency Protective Orders (MOEPs)

Issued immediately after an arrest for assault or family violence, Magistrate’s Orders for Emergency Protection can prohibit you from:

• Returning to the family home
• Contacting anyone in the household, including children
• Being present at your child’s school or daycare

See: Emergency Protective Orders After an Assault Arrest

2. Final Protective Orders

If granted after a full hearing, final protective orders can include specific terms about custody and visitation, such as:

• Prohibiting all access to children
• Granting temporary custody to the other parent
• Requiring supervised visitation only
• Preventing you from making decisions about the child’s welfare

These orders can last up to 2 years or longer, and often influence long-term family court rulings.

Can a Protective Order Override a Custody Order?

Yes — even if you already have a court-ordered custody or visitation agreement, a protective order takes precedenceas long as it remains in effect. This means:

• Your regular parenting time may be suspended
• The other parent can deny visitation without penalty
• You can face criminal charges if you try to enforce a previous custody order while a protective order is active

Your lawyer near you may need to file a motion to modify the protective order or request emergency family court relief to restore your parenting time.

How Do Judges Decide Whether to Limit Parental Access?

Judges consider a variety of factors when deciding whether to restrict a parent’s custody or visitation rights under a protective order:

• Allegations of family violence toward the child or other parent
• History of abuse or threats, even without a conviction
• Presence of the child during the alleged assault
• Whether the child is listed as a protected person on the order
• Whether the parent poses a continuing danger to the child

In some cases, even a verbal argument or non-physical confrontation can be enough to justify restrictions if a judge believes the child’s emotional safety is at risk.

What Is Supervised Visitation?

In many cases, judges compromise by allowing supervised visitation, which means:

• You can see your child, but only in a supervised setting
• Visitation may occur at a designated facility or under third-party observation
• You may be required to pay for the visitation service
• You may be barred from any communication outside the visits

Your criminal defense attorney near you can help argue for non-supervised parenting time, especially if there is no credible evidence of harm to the child.

Can You Challenge the Parenting Restrictions?

Yes. If the allegations are unfounded or exaggerated, your lawyer near you can:

• Contest the protective order at the final hearing
• File motions in family court to restore visitation
• Introduce evidence of your parenting history and lack of danger
• Present witnesses or character references
• Argue that the order was used for leverage in custody disputes

See: False Allegations of Assault: How to Protect Yourself

What If the Protective Order Was Based on a Verbal Dispute?

Even if there was no physical harm, judges can still impose parenting restrictions if they believe verbal or emotional abuse occurred. That’s why you must take every allegation seriously — and not assume that “it was just an argument” means the court won’t act.

See: What Is a Protective Order and When Is It Issued?

Can Protective Orders Impact Long-Term Custody Cases?

Absolutely. A protective order entered in a criminal case can be used in future family law proceedings to:

• Support a request for sole custody
• Limit your possession and access permanently
• Influence modification of existing orders
• Affect child support arrangements

That’s why your attorney near you must not only defend you in the criminal case — but also anticipate how the protective order will be used in the family court arena.

Final Thoughts: Don’t Let a Temporary Order Create Permanent Damage

Protective orders issued in assault cases don’t just affect your freedom — they can affect your relationship with your children for years to come. Even a temporary order can turn into long-term custody loss if you don’t fight back quickly and strategically.

If you’re facing a protective order that limits your access to your children, act immediately. A skilled criminal defense attorney near you can challenge the order, negotiate modifications, and work alongside your family law counsel to protect your parental rights.

Call Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to speak with a lawyer near you who understands the intersection of criminal defense and child custody in protective order cases.

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