Responding to a Protective Order in Harris County

(Beginner’s Guide under the Pillar Topic: Protective Orders in Assault Cases)

If you’ve been served with a protective order in Harris County, your life is about to change — fast. These court orders are issued quickly, often without your side of the story, and can restrict everything from where you live to whom you can contact. They’re especially common in family violence and assault cases, and the consequences of violating them are serious.

In this beginner’s guide, we’ll explain what protective orders are, how they work in Harris County, and most importantly — how to respond to one effectively. You’ll learn the types of orders issued, what they mean for your rights, and how a criminal defense attorney near you can challenge or modify them.

What Is a Protective Order?

A protective order (often called a "restraining order") is a court order issued to prevent future acts of family violence, stalking, or harassment. Under Texas Family Code § 85.001, a protective order can be issued against someone if a judge finds that:

• Family violence has occurred, and
• Family violence is likely to occur again.

Protective orders can:

• Prohibit you from going near the alleged victim
• Bar you from returning to your own home
• Limit your access to your children
• Prevent you from possessing a firearm
• Affect custody, visitation, and immigration status

Important: Protective orders are civil orders, but violating them is a criminal offense.

Types of Protective Orders in Harris County

In Harris County assault and family violence cases, the most common protective orders are:

1. Emergency Protective Order (EPO)

• Issued automatically or at the request of the victim after an arrest
• Lasts 31–91 days
• Does not require the victim to file a request
• Enforced immediately

See our related post: Emergency Protective Orders After an Assault Arrest

2. Temporary Ex Parte Order

• Issued without notifying the accused
• Based only on allegations
• Lasts up to 20 days
• Sets the stage for a full hearing

3. Final Protective Order

• Issued after a court hearing
• Can last up to 2 years (or more in extreme cases)
• May include child custody restrictions and mandatory counseling

4. Magistrate’s Order for Emergency Protection (MOEP)

• Issued by a magistrate at the time of booking
• Common in domestic violence or assault with injury cases
• Cannot be waived by the alleged victim

How Do You Know If You’ve Been Served in Harris County?

You’ll receive a copy of the protective order via:

• Personal service (in person by law enforcement or process server)
• In some cases, via mail or email

The order will include:

• The allegations against you
• Hearing date and time
• Locations you’re prohibited from entering
• Individuals you cannot contact

DO NOT ignore it — and do NOT try to talk to the alleged victim, even if they’re your spouse, partner, or co-parent. Violating the order could result in arrest and additional charges.

What Are the Immediate Consequences of a Protective Order?

In Harris County, once a protective order is filed, the consequences can include:

• Being forced to move out of your home
• Losing access to your children
• Firearm restrictions under 18 U.S.C. § 922(g)(8)
• Impact on professional licenses (medical, teaching, legal)
• Travel and immigration complications
• Social stigma and workplace impact

See our detailed post: How Protective Orders Impact Child Custody and Visitation

What Should You Do After Being Served?

1. Contact a Criminal Defense Attorney Immediately

Harris County judges often grant ex parte orders quickly. To challenge it, you need legal counsel who knows the local courts, judges, and DA’s office.

2. Do Not Contact the Alleged Victim

Even if they reach out to you. No text, email, or social media. Communications through mutual friends can also be considered violations.

3. Follow the Order to the Letter

Even if you believe it's unfair or false — until your attorney can fight it in court, the order is enforceable.

4. Prepare for the Hearing

Your lawyer will need time to:

• Gather evidence (texts, emails, video)
• Interview witnesses
• Review police reports and medical records
• Identify inconsistencies or falsehoods in the complaint

See: False Allegations of Assault: How to Protect Yourself

What Happens at the Protective Order Hearing?

The court will schedule a hearing, usually within 14 days of the ex parte order. Both sides will be allowed to present evidence and call witnesses.

What the judge considers:

• Credibility of both parties
• Prior history of violence or threats
• Police or medical reports
• Witness statements
• Social media or digital communication

Outcomes may include:

• Protective order granted (final)
• Protective order denied (dismissed)
• Modified order (limited contact or visitation allowed)

Your attorney may also file a Motion to Modify or Dissolve the order — especially if there’s no solid evidence of violence or threat.

How to Defend Against a Protective Order in Harris County

Your defense may include:

1. Lack of Intent

If there was no intent to harm or threaten, the court may dismiss the order. See: Lack of Intent: Accidental vs. Intentional Harm

2. Mutual Combat

If both parties engaged equally, the order may be inappropriate. See: Mutual Combat: When Both Parties Are at Fault

3. False Allegations

Sometimes protective orders are used strategically during custody disputes or breakups. A strong defense attorney can expose contradictions in the accuser’s story.

4. No Credible Threat

Verbal arguments don’t always meet the legal threshold for violence. See: Verbal Arguments and Assault Charges: What You Need to Know

5. Violation of Rights

If the order was issued based on invalid procedures, your lawyer may challenge it under due process violations. See: Police Misconduct or Rights Violations in Assault Cases

Can a Protective Order Be Expunged or Sealed?

Protective orders are civil records, not criminal convictions. However:

• Final protective orders remain public
• Violation of a protective order results in a criminal charge that may stay on your record
• You can petition to vacate or expunge the order after it expires, but this is not automatic

Your best defense is avoiding the final order altogether through effective pre-hearing strategy.

Enforcement in Harris County: What If You Violate the Order?

Violating a protective order in Harris County is a Class A misdemeanor, punishable by:

• Up to 1 year in jail
• $4,000 fine
• Possible enhancement to a third-degree felony for repeat violations or if a weapon is involved

Even if the alleged victim invites you to talk — YOU are the one liable for violation. Enforcement is strict, especially in the 174th, 208th, 209th, and 262nd Harris County Criminal Courts.

What About Immigration, Housing, and Firearm Rights?

A final protective order can:

• Result in deportation or denial of naturalization
• Ban you from owning firearms under state and federal law
• Be reported to NICS, affecting gun purchases
• Show up in background checks, limiting housing and employment options

See our companion post: How an Assault Conviction Affects Your Criminal Record

Can You Settle a Protective Order Through a Plea Deal?

Sometimes protective orders are negotiated as part of a plea bargain in a related criminal case. See: Plea Negotiations in Assault Cases: When and How to Settle

Options include:

• Mutual no-contact agreements
• Temporary orders without findings
• Deferred adjudication with no final order on record

Always work with an attorney who understands both criminal defense and family law implications.

Conclusion: Your Response to a Protective Order Matters

If you’re served with a protective order in Harris County, don’t ignore it — and don’t face it alone. Judges take these orders seriously, and so should you.

A protective order can affect your:

• Living situation
• Gun rights
• Parental access
• Immigration status
• Criminal record

Responding effectively — from the very first day — gives you the best chance to avoid permanent consequences.

Call to Action

At Walker Law Office, we defend clients served with protective orders across Harris County, from downtown Houston to the suburbs. Whether the accusations are exaggerated, mutual, or completely false, we’ll build the strongest possible defense.

We know how Harris County judges, prosecutors, and victim advocates operate — and we’re ready to stand between you and a life-altering order.

Call (713) 228-2611 or visit
🔗 https://www.walkerlawhouston.com/contact
for immediate help with a protective order in Harris County.

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