By Deandra Grant, J.D., M.S. (Pharmaceutical Science), ACS-CHAL Forensic Lawyer-Scientist
Within hours of a family violence arrest in Texas, before you have spoken to a lawyer and often before you fully understand the charges against you, a magistrate will impose conditions on your release that can fundamentally alter your daily life. You may be ordered to have no contact with the alleged victim who may be your spouse, the co-parent of your children, or the person you share a home with. You may be ordered to surrender your firearms. You may be fitted with a GPS monitor. These restrictions are not negotiable at the jail, and violating them, even unintentionally, can result in new criminal charges, bond revocation, and immediate re-arrest.
Understanding the legal framework behind these orders, the distinctions between the different types of no-contact orders, and the procedures for modification is essential for anyone navigating a family violence case in Texas.
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Three Different Orders, Three Different Legal Bases
People use the term “no-contact order” loosely, but in Texas family violence cases there are three distinct legal mechanisms that can restrict a defendant’s contact with the alleged victim. Each has a different statutory basis, a different duration, and different consequences for violation. Confusing them is a common and dangerous mistake.
1. Emergency Protective Order (EPO): Code of Criminal Procedure Article 17.292
An emergency protective order is issued by a magistrate at or immediately after the defendant’s initial appearance following a family violence arrest. Under CCP Article 17.292(a), the magistrate must issue an EPO if the arrest is for an offense involving family violence. This is not discretionary. It is mandatory.
The standard EPO is effective for a minimum of 31 days and a maximum of 61 days (CCP Art. 17.292(j)). However, if the offense involved serious bodily injury or the use or exhibition of a deadly weapon, the magistrate must issue the EPO for a minimum of 61 days and a maximum of 91 days (CCP Art. 17.292(j)).
An EPO may include any or all of the following provisions:
- Prohibiting the defendant from committing further family violence
- Prohibiting the defendant from communicating directly or indirectly with the alleged victim or any member of the alleged victim’s household, in a threatening or harassing manner
- Prohibiting the defendant from going to or near the residence, place of employment, or school/childcare facility of the alleged victim or any member of the alleged victim’s household
- Prohibiting the defendant from possessing a firearm (unless the defendant is a peace officer actively engaged in employment)
The EPO is served on the defendant by the magistrate at the time it is issued. It takes effect immediately. The alleged victim does not have to request it, and the defendant has no opportunity to contest it at the time of issuance. Violation of an EPO is a Class A misdemeanor under Penal Code §25.07(a), punishable by up to one year in jail and a fine of up to $4,000. A second violation is a third-degree felony (2 to 10 years in prison).
2. Bond Conditions: CCP Articles 17.40 and 17.441
Separate from the EPO, the magistrate or judge setting bail in a family violence case has broad authority to impose conditions of bond designed to protect the alleged victim. Under CCP Article 17.40(a), the magistrate may impose any reasonable condition of bond related to the safety of the alleged victim or the community, including a no-contact provision.
These bond conditions can be more restrictive than the EPO and can last for the entire duration of the criminal case which may be months or even years. Common bond conditions in family violence cases include:
- Complete no-contact with the alleged victim (not limited to “threatening or harassing” contact — any contact, including friendly or consensual contact)
- Stay-away provisions requiring the defendant to remain a specified distance (typically 200–500 feet) from the alleged victim’s residence, workplace, and children’s school
- Surrender of all firearms and prohibition on new firearm purchases
- GPS monitoring under CCP Article 17.441, which requires the defendant to wear an ankle monitor for the duration of the case. The cost of GPS monitoring, typically $8–15 per day, is borne by the defendant
- Curfew restrictions
- Prohibition on alcohol or drug use, with random testing
- Mandatory participation in a Battering Intervention and Prevention Program (BIPP)
Violating a condition of bond is grounds for bond revocation under CCP Article 17.40(b). The judge can revoke bond and order the defendant held in custody without bond for up to the lesser of 48 hours or the time remaining on the original bond. In practice, a bond violation in a family violence case frequently results in the defendant being re-arrested, held in jail, and required to post a new, higher bond with more restrictive conditions.
3. Protective Order: Texas Family Code Chapters 83 and 85
A protective order is a civil order issued under the Texas Family Code, separate from the criminal case. A temporary ex parte protective order under Chapter 83 can be issued without a hearing and lasts up to 20 days. A final protective order under Chapter 85 is issued after a hearing and can last up to two years (or longer in certain circumstances).
Protective orders are distinct from EPOs and bond conditions. They are requested by the alleged victim (or by a prosecutor on the victim’s behalf) through a civil petition, and they can include provisions regarding child custody, property possession, and support payments in addition to no-contact restrictions. The defendant has the right to appear and contest a final protective order at a hearing.
Violation of a protective order is a Class A misdemeanor under Penal Code §25.07, elevated to a third-degree felony for a second violation or if the violation involves an assault. If a protective order is in place simultaneously with bond conditions in the criminal case, the defendant must comply with both and the more restrictive provision controls.
The Distinction That Matters: “No Threatening Contact” vs. “No Contact”
This is where defendants get into trouble. The EPO under Article 17.292 typically prohibits contact that is threatening or harassing. Bond conditions under Article 17.40, by contrast, often prohibit any contact whatsoever including friendly text messages, phone calls to discuss the children, or meeting in person to reconcile.
A defendant who reads the EPO and believes they are allowed to have non-threatening contact with the alleged victim may be violating a separate no-contact bond condition that prohibits all contact. The result can be a new arrest for bond violation, new criminal charges, bond revocation, and a much more difficult posture in the underlying family violence case.
The single most important thing a defendant can do after a family violence arrest is to read every document they were given at the jail and to have their attorney review every order and bond condition immediately. If there is any ambiguity, the safe course of action is to assume that all contact is prohibited until your attorney confirms otherwise.
Firearms Surrender
Under CCP Article 17.292(c)(7), the magistrate may prohibit the defendant from possessing a firearm as part of the EPO. Under CCP Article 17.40, the judge may impose the same restriction as a condition of bond. And under federal law, 18 U.S.C. §922(g)(8), any person who is subject to a court order that restrains them from harassing, stalking, or threatening an intimate partner or the partner’s child is prohibited from possessing any firearm or ammunition for the duration of that order.
The practical implication is that a defendant in a family violence case will almost certainly be required to surrender all firearms. Law enforcement may request to search the defendant’s residence for firearms as a condition of bond, and failure to surrender known firearms can result in bond revocation and additional charges. If you own firearms, your attorney should advise you on the proper procedure for surrendering or transferring them in compliance with both state and federal law.
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Requesting Modification of a No-Contact Order
No-contact orders are not necessarily permanent or absolute. In many cases, the defendant has legitimate and urgent reasons to communicate with the alleged victim such as shared children, shared finances, shared housing, ongoing business obligations, or shared legal matters unrelated to the criminal case. The law provides a mechanism for modification, but it requires a formal court process.
Modifying Bond Conditions
The defendant’s attorney can file a motion to modify bond conditions under CCP Article 17.40. The motion must explain the specific reasons for the requested modification, such as the need to communicate regarding child custody, financial obligations, or logistical matters related to shared property. The court will evaluate the request based on the safety of the alleged victim and the circumstances of the case.
Courts are more likely to grant a modification if the alleged victim does not oppose it, if there is no history of prior violence, and if the proposed communication can be limited to specific topics (such as child-related matters) and specific channels (such as a co-parenting app like OurFamilyWizard or TalkingParents, which creates a documented record of all communications). Some courts will grant “peaceful contact” modifications that allow non-threatening, non-harassing communication while maintaining the prohibition on threatening conduct.
Modifying or Challenging the EPO
Modifying an EPO is more difficult. Because EPOs are issued under a mandatory statutory framework (CCP Art. 17.292(a)), courts are generally reluctant to modify them during the statutory period. However, if the EPO contains provisions that are unnecessary given the circumstances — for example, a stay-away provision when the defendant has already voluntarily relocated — the defense can request a hearing to address specific provisions.
As a practical matter, because EPOs expire within 61–91 days, most defendants will find that the bond conditions (which last for the duration of the case) are the more significant restriction, and modification efforts are best directed at the bond conditions.
Strategic Considerations for the Defense
No-contact orders create significant hardship for defendants, but they also create strategic opportunities that experienced defense attorneys understand.
The Order Protects the Defendant Too
A no-contact order prevents the defendant from making statements to the alleged victim that could be used against them. In family violence cases, post-arrest communications (apologies, admissions, promises to “get help,” or emotional outbursts) are routinely introduced at trial as evidence of consciousness of guilt. A no-contact order removes this risk. The defendant cannot inadvertently damage their own case if they are not communicating with the alleged victim at all.
Compliance Demonstrates Good Faith
Strict compliance with no-contact orders and bond conditions demonstrates to the court that the defendant is law-abiding and respectful of the legal process. This matters at every stage including bond hearings, plea negotiations, and sentencing. A defendant who has complied with every condition for six or twelve months has a stronger position than one who has violated conditions, even if the violations were minor or consensual.
Case Results
The Alleged Victim Cannot Waive the Order
One of the most common mistakes defendants make is believing that if the alleged victim wants contact, the no-contact order no longer applies. This is wrong. The no-contact order is a court order directed at the defendant. It can only be modified or lifted by the court. If the alleged victim initiates contact, the defendant must not respond and should immediately notify their attorney. Responding to victim-initiated contact is still a violation of the order, and the defendant (not the alleged victim) faces the consequences.
If the alleged victim is persistently initiating contact, this fact can be documented and presented to the court as evidence relevant to the modification request or to the underlying case itself. But the defendant must not take it upon themselves to resume contact, regardless of the circumstances.
Family Violence Defense at Deandra Grant Law
If you have been arrested for family violence in Texas and are subject to a no-contact order, an EPO, or restrictive bond conditions, you need an attorney who understands the full statutory framework governing these orders and who can act immediately to protect your rights. The first 24–72 hours after a family violence arrest are critical: bond conditions are set, EPOs are issued, firearms are surrendered, and the restrictions that will govern your life for the duration of the case are established. Having experienced defense counsel involved from the beginning can make a significant difference in those initial conditions.
With offices in Dallas, Fort Worth, Allen, Denton, Waco, and Rockwall, we can respond quickly to a family violence arrest anywhere in North Texas. Call (214) 225-7117 or visit texasdwisite.com for a free consultation.
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