A domestic violence allegation sets off a chain of legal events that moves quickly, often before the accused has a chance to fully understand whatโs happening. One of the first things that can follow such an allegation in Texas is a protective order, a legal tool that can restrict where you go, who you contact, and even where you live, sometimes before the underlying criminal case has even been resolved. Hereโs what to know about how protective orders work and what to expect.
What Is a Protective Order?
A protective order is a court order designed to restrict contact between the person accused of domestic violence and the alleged victim. In Texas, protective orders generally fall into two categories: an emergency protective order issued shortly after an arrest, and a longer-term protective order that follows a separate court process.
Emergency Protective Orders: The First Step
After an arrest involving an allegation of family violence, a magistrate can issue an emergency protective order, sometimes without the alleged victim even requesting one. This order typically takes effect quickly and can immediately restrict the accused from returning to a shared home, contacting the alleged victim, or going near certain locations, such as a workplace or school. Because an emergency protective order can be issued so soon after an arrest, itโs not uncommon for someone to learn about significant restrictions on their life before theyโve even had the chance to speak with an attorney.
Longer-Term Protective Orders
Beyond the emergency order, an alleged victim, or in some cases a prosecutor on their behalf, can request a more extended protective order through a civil court process. This typically involves filing an application and appearing at a hearing where a judge decides whether to grant the order, and if so, what specific terms it will include. Unlike an emergency protective order, this process gives the accused an opportunity to respond and present their side before a final order is entered, though the accused should not assume the process will simply resolve itself without legal guidance.
These longer-term protective orders are generally intended to remain in place for an extended period, though the exact duration depends on the specific circumstances of the case and the courtโs decision. Because these timelines can vary, itโs worth discussing the specifics of your situation with an attorney.
What a Protective Order Can Restrict
Depending on the terms set by the court, a protective order can restrict a wide range of activities, including:
- Direct or indirect contact with the alleged victim
- Returning to a shared residence
- Going near a specific home, workplace, or school
- Possessing firearms
- Custody or visitation arrangements involving shared children
Because these restrictions can significantly affect daily life, housing, and family relationships, even before any criminal charges are resolved, itโs important to understand exactly what a specific order requires and to follow it closely while itโs in effect.
Why You Should Never Ignore a Protective Order
Violating a protective order in Texas is treated as a separate criminal offense from the underlying domestic violence allegation. Even a seemingly minor or accidental violation, such as an unintentional encounter or a brief message, can result in new criminal charges layered on top of an existing case. Repeated violations, or violations involving additional harm, can escalate the severity of the charges considerably. If you believe an orderโs terms are unclear, unworkable, or based on inaccurate information, the right approach is to raise those concerns through your attorney and the court process, not to test the boundaries of the order on your own.
How a Protective Order Can Affect the Underlying Criminal Case
A protective order and a criminal domestic violence charge, such as assault involving family violence, often move forward at the same time but are technically separate proceedings. A protective order can still be in place regardless of how the underlying criminal case is ultimately resolved, and a violation of the order can create legal problems independent of the outcome of the original allegation. Related charges, such as felony strangulation allegations, often carry protective order considerations of their own given the severity typically associated with these cases.
Facing a Domestic Violence Allegation or Protective Order?
Whether youโre dealing with an emergency protective order issued right after an arrest or a longer-term order tied to a domestic violence case, understanding your rights and responsibilities matters from day one. Our domestic violence and assault practice covers the full range of these cases, from simple assault involving family violence to more serious charges. If your case involves other issues, we also handle theft and burglary crimes and drug crimes, and can help you understand clearing your criminal record once your case concludes.
