By Deandra Grant, J.D., M.S. (Pharmaceutical Science), ACS-CHAL Forensic Lawyer-Scientist
If you have been arrested for a family violence offense in Texas, there is a very good chance that some form of court order is already restricting your conduct, possibly before you even left the jail. These orders carry the force of law. Violating one, even unintentionally, can result in a new criminal charge, revocation of your bond, and additional jail time on top of whatever you are already facing for the underlying offense.
The problem is that many defendants do not fully understand what order they are subject to, what it prohibits, or how easily a violation can occur. Texas law provides for several different types of protective orders in family violence cases, and they are not interchangeable. Each has different procedures, different durations, different conditions, and different penalties for violation. Understanding the distinctions is critical to staying out of further trouble.
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The Three Types of Protective Orders in Texas Family Violence Cases
Texas law does not use the term “restraining order” in the family violence context the way most people use it colloquially. The correct terminology matters, both for understanding your legal obligations and for defending against an alleged violation. There are three distinct types of orders you may encounter:
1. Emergency Protective Order (EPO)
An Emergency Protective Order is issued by a magistrate under Texas Code of Criminal Procedure Article 17.292, typically at the time of your arrest or at your initial magistrate’s hearing. You do not petition for an EPO. It is issued automatically or at the request of the alleged victim, a prosecutor, or a peace officer. You have no opportunity to contest it before it takes effect. It is effective immediately upon issuance.
An EPO in a family violence case lasts a minimum of 61 days. If the offense involved a deadly weapon or the magistrate finds that the defendant caused serious bodily injury, the EPO can last up to 91 days. The magistrate may also extend the order beyond these periods under certain circumstances.
Typical EPO conditions include a prohibition on committing further acts of family violence, a prohibition on communicating directly or indirectly with the alleged victim (and in some cases with members of the alleged victim’s family or household), a prohibition on going within a specified distance of the alleged victim’s residence, place of employment, or child’s school or daycare, and a requirement to surrender firearms.
Violating an EPO is a criminal offense. A first violation is a Class A misdemeanor under CCP Article 17.292, punishable by up to one year in jail and a fine of up to $4,000.
2. Temporary Ex Parte Protective Order
A Temporary Ex Parte Protective Order is issued under Texas Family Code Chapter 83. Unlike an EPO, this order is requested by the alleged victim (or someone on their behalf) through a civil petition filed in family court. The term “ex parte” means that it can be issued without notice to you and without a hearing at which you have an opportunity to be heard. The court issues the temporary order based solely on the petitioner’s sworn application if the court finds that there is a clear and present danger of family violence.
A temporary ex parte protective order remains in effect until a full hearing can be held, which the court must schedule within 14 days (though extensions are possible). At the full hearing, both parties have the opportunity to present evidence and testimony before the court decides whether to issue a final protective order.
The conditions of a temporary ex parte order are similar to those in an EPO: no contact, no communication, distance restrictions, and firearms surrender. Violating a temporary ex parte protective order carries the same penalties as violating a final protective order under Penal Code §25.07.
3. Final Protective Order
A Final Protective Order is issued under Texas Family Code Chapter 85 after a full hearing at which both parties have the opportunity to present evidence, call witnesses, and cross-examine. The court must find that family violence has occurred and is likely to occur in the future before issuing the order.
A final protective order can last up to two years. If the court finds that the respondent caused serious bodily injury or was the subject of two or more prior protective orders, the order can last for the duration of the lives of the parties. The conditions are typically more detailed and comprehensive than an EPO or temporary order, and may include specific provisions regarding child custody, child support, property use, counseling requirements, and GPS monitoring in addition to the standard no-contact and firearms surrender provisions.
Conditions that may be imposed in a final protective order include:
- Prohibition on committing family violence against the protected person or any child of the protected person
- Prohibition on communicating directly or indirectly with the protected person, including through third parties, social media, email, text message, or any electronic means
- Prohibition on going within a specified distance of the protected person’s home, workplace, school, or daycare facility
- Prohibition on going to or near a child’s school or daycare
- Prohibition on possessing a firearm (unless the person is a peace officer actively engaged in duties)
- Prohibition on harming, threatening, or interfering with the care of any pet or companion animal belonging to the protected person
- Prohibition on removing, tampering with, or disabling a GPS monitoring device if one has been ordered
- Requirement to complete a battering intervention and prevention program
- Specific provisions regarding possession of and access to children
Penalties for Violating a Protective Order
The penalties for violating a protective order in Texas are found in Texas Penal Code §25.07 and escalate significantly with repeat violations or violent conduct:
First Violation (No Assault, No Prior Conviction)
A first violation that does not involve an assault or stalking is a Class A misdemeanor, punishable by up to one year in county jail and a fine of up to $4,000. This applies to violations such as contacting the protected person by phone or text, going to a location where the protected person is present, or failing to maintain the required distance.
Second Violation (Prior Conviction for Protective Order Violation)
If you have a prior conviction for violating a protective order — even if the prior involved a different protected person or a different case — a second violation is a third-degree felony under Penal Code §25.07(g). This is punishable by 2 to 10 years in state prison and a fine of up to $10,000.
Violation Involving Assault or Stalking
If the violation involves committing an assault against the protected person or engaging in stalking conduct, it is a third-degree felony regardless of whether you have any prior violations. The same 2 to 10 year range and $10,000 fine apply.
Stacking of Charges
A protective order violation does not replace the underlying criminal offense — it adds to it. If you violate a protective order by assaulting the protected person, you can be charged with both the protective order violation (third-degree felony) and the assault (which may itself be enhanced to a felony if there is a prior family violence conviction). You can also be charged with witness tampering under Penal Code §36.05 if the contact was intended to influence the protected person’s testimony or cooperation with the prosecution.
The Federal Firearms Prohibition
Separate from any state penalties, federal law imposes its own prohibition on firearms possession for individuals subject to qualifying protective orders. Under 18 U.S.C. §922(g)(8), a person who is subject to a court order that was issued after a hearing at which the person had notice and an opportunity to participate, and that includes a finding of credible threat to the physical safety of the protected party or explicitly prohibits the use or threatened use of physical force, is federally prohibited from possessing firearms or ammunition.
This means that while you are subject to a final protective order (and potentially a temporary order, depending on the circumstances of its issuance), you are prohibited from possessing any firearm or ammunition under federal law — regardless of what Texas law may permit. A violation of this federal prohibition is a federal felony punishable by up to 15 years in federal prison under 18 U.S.C. §924(a)(2).
This federal prohibition is separate from the permanent firearms ban under 18 U.S.C. §922(g)(9) that applies to anyone convicted of a misdemeanor crime of domestic violence. A person can be subject to both provisions simultaneously: prohibited from possessing firearms because of the protective order under §922(g)(8), and separately prohibited because of a prior domestic violence conviction under §922(g)(9).
Case Results
Defenses Against an Alleged Protective Order Violation
Being accused of violating a protective order does not mean you are guilty. There are several legitimate defenses that an experienced attorney can raise:
- The protected person initiated the contact. If the person named in the protective order contacted you first (ex. by calling, texting, showing up at your location, or reaching out through social media) this can be a defense. However, this is a nuanced area. The protective order prohibits your conduct, not the protected person’s conduct. The protected person cannot technically “violate” their own protective order. But if they initiated contact and you responded, the circumstances of that response matter. Your attorney needs to document the protected person’s initiation of contact through phone records, text message logs, and other evidence.
- Accidental or unknowing contact. If you encountered the protected person at a location you had no reason to believe they would be (ex. a grocery store, a gas station, a public event) this may not constitute a willful violation. The prosecution must prove that you knowingly or intentionally violated the order. An accidental encounter in a public place, followed by your immediate departure, may not meet that standard.
- Ambiguous order terms. If the protective order’s terms are vague or ambiguous (for example, if it prohibits going “near” the protected person’s workplace without defining a specific distance) your attorney can argue that the order was not sufficiently clear to put you on notice of what conduct was prohibited.
- False report of a violation. Just as false accusations drive many family violence arrests, false reports of protective order violations are common. The protected person may claim you contacted them or came to their home when you did not. Cell phone location data, GPS records, surveillance footage, and witness testimony can all be used to disprove a false claim. Our team’s digital forensics capability is particularly valuable in these cases, where phone records and electronic communications are often the central evidence.
- The order was not properly served or issued. For a protective order violation to be prosecuted, the state must prove that you had notice of the order and its terms. If the order was not properly served on you, or if the terms you allegedly violated were not clearly communicated, this is a defense.
What to Do If You Are Accused of Violating a Protective Order
If you are accused of violating a protective order in a Texas family violence case, do not attempt to explain yourself to the police. Do not contact the protected person to discuss the allegation. Do not post about the situation on social media. Anything you say or do after the allegation can and will be used to support the violation charge.
Contact a criminal defense attorney immediately. A protective order violation can escalate a misdemeanor case into a felony, result in your bond being revoked on the underlying charge, and add federal firearms consequences on top of whatever you were already facing. The sooner an attorney is involved, the sooner we can begin documenting evidence that supports your defense — phone records, location data, witness statements, and communications that may disprove the allegation.
Deandra Grant Law defends family violence cases and protective order violations throughout North Texas. With offices in Dallas, Fort Worth, Allen, Denton, Waco, and Rockwall, we serve clients across every major county in the DFW metroplex.
Call (214) 225-7117 or visit texasdwisite.com for a free consultation.
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