What Is a Protective Order and When Is It Issued?

A Beginner’s Guide to Understanding Protective Orders in Texas Assault and Family Violence Cases

If you’ve been accused of assault or family violence in Texas, there’s a good chance you’ll be served with a protective order — sometimes even before you’re formally charged. But what is a protective order? What does it mean? And when does a judge actually issue one?

Many people don’t realize that protective orders can significantly affect your rights, including where you can live, who you can contact, and whether you can carry a firearm. In this post, we’ll break down the basics in plain language, so you understand what you’re facing and why it’s essential to speak to an experienced criminal defense attorney near you as early as possible.

What Is a Protective Order?

A protective order (PO) is a court-issued order designed to protect an individual from future harm, threats, or contact by someone they allege has committed family violence, dating violence, stalking, or sexual assault.

Unlike a simple no-contact agreement, a protective order is a civil court order with criminal consequences for violations. It can:

• Order you to stay away from the protected person, their home, or workplace
• Prohibit you from communicating in any form
• Remove you from a shared residence
• Restrict firearm possession or purchase
• Impact child custody or visitation arrangements

Even though a protective order is civil in nature, a violation is a criminal offense under Texas Penal Code § 25.07.

When Is a Protective Order Issued?

There are several stages in which a protective order can be issued:

1. After a Report of Family Violence or Assault

Law enforcement may refer the case to a prosecutor or family violence unit that will petition the court for a protective order, even if no criminal charges are yet filed.

2. When Requested by an Alleged Victim

The alleged victim (or their attorney) can file a civil application for a protective order, which does not require a criminal charge or conviction to proceed.

3. Automatically During Criminal Proceedings

In some assault cases, courts issue Magistrate’s Orders for Emergency Protection (MOEP) immediately after arrest — especially when the alleged victim is a spouse, partner, or household member.

A Magistrate’s Order for Emergency Protection (MOEP) is often issued within hours of arrest, and can last up to 60 days (or longer if a deadly weapon was involved).

4. At a Final Protective Order Hearing

This is a formal court proceeding where both parties can present evidence. If the judge finds family violence occurred and is likely to occur again, a final protective order may be issued for up to two years — or longer in certain situations.

What Is Considered "Family Violence" Under Texas Law?

Per Texas Family Code § 71.004, family violence includes:

• Acts intended to cause physical harm, bodily injury, assault, or sexual assault
• Threats of imminent harm
• Dating violence or violence between household members

This definition is broad — and protective orders can be issued even when no actual injury occurred, if the judge believes a threat was made.

Do You Have a Chance to Defend Yourself?

Yes — but only if you act quickly.

Protective orders often begin with an ex parte order, issued without you being present or notified, based solely on the accuser’s claims. You’ll then receive notice of a final hearing, where you have the right to:

• Challenge the allegations
• Present evidence
• Cross-examine the accuser
• Testify on your own behalf

This hearing is your first — and sometimes only — chance to prevent a long-term protective order from being entered against you. It’s critical to have a criminal defense attorney near you representing you at that hearing.

See: Self-Defense in Assault and Aggravated Assault Cases and False Allegations of Assault: How to Protect Yourself

How Long Does a Protective Order Last?

• Emergency Protective Orders (MOEP): 31–91 days depending on circumstances
• Final Protective Orders: Typically up to 2 years
• Extended Orders: May be permanent if the respondent committed a felony or violated a previous order

Your lawyer near you can argue for limited duration, narrower terms, or even dismissal of the petition entirely if there is insufficient evidence.

What Happens If You Violate a Protective Order?

Violation of any term — even accidental — is a separate criminal charge under Texas Penal Code § 25.07, punishable by:

• Up to one year in jail (misdemeanor)
• Felony charges for repeat violations or involvement of violence/weapons

You may also face bond revocation, probation violation, or new assault charges, even if the underlying accusation hasn’t been proven in court.

See: Police Misconduct or Rights Violations in Assault Cases if your arrest was based solely on an alleged PO violation without warning or probable cause.

Can a Protective Order Affect Child Custody?

Yes. Protective orders often include temporary child custody provisions, and judges may limit your ability to:

• Have contact with your children
• Pick them up from school or daycare
• Visit them without supervision

Protective orders can also be used in family court custody battles, so defending yourself properly is crucial not just for your freedom, but for your parental rights.

Final Thoughts: Take Protective Orders Seriously — and Defend Yourself Early

Protective orders are often treated by courts as a precautionary measure, but their impact can be serious and lasting. Even if you believe the allegations are false or exaggerated, failing to respond properly can lead to new criminal charges, loss of rights, and long-term consequences.

You don’t have to face this process alone. A knowledgeable criminal defense attorney near you can help you challenge the allegations, negotiate better terms, or prevent a final order from being entered at all.

Call Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to speak with an experienced lawyer near you about defending against protective orders in Texas.

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