How to Respond if You’re Served a Protective Order in Texas: Legal Steps and What Not to Do

If you’ve been served with a protective order in Texas, your first reaction may be panic, confusion, or anger — especially if the allegations aren’t true or if no criminal charges have been filed. But your response in the first 24–48 hours matters more than you think.

Violating a protective order — even accidentally — is a criminal offense, and prosecutors take it seriously. That’s why it’s critical to stay calm, follow the order exactly, and act quickly to protect your rights.

In this post, you’ll learn:

• What a protective order means legally
• What you must (and must not) do after being served
• The legal steps to respond and defend yourself
• How an attorney can help you challenge or modify the order

Step 1: Understand What You’ve Been Served

When you’re served a protective order, the documents should clearly state:

• Who filed the order (the “applicant” or “protected person”)
• The type of protective order (emergency, temporary ex parte, or final)
• What you’re prohibited from doing (e.g., contacting the person, going to specific places, possessing a firearm)
• The date, time, and location of the court hearing (if applicable)

Types of protective orders you might be served with:

• Magistrate’s Emergency Protective Order (MOEP): Issued after an arrest
• Temporary Ex Parte Protective Order: Filed in civil court without your knowledge
• Final Protective Order: A long-term order issued after a court hearing

If you’re unsure what type of order you received, consult your attorney immediately.

(See: Types of Protective Orders in Texas Domestic Violence Cases)

Step 2: Read the Order Carefully — Every Word Matters

Protective orders are enforceable the moment you’re served. Violating even a small part of it — like sending a text or going near the protected person’s home — can result in:

• Arrest
• New criminal charges
• Jail time
• Stronger evidence in any related criminal case

Do not assume:

• “They won’t find out” if you respond to a message
• “It doesn’t count” if the protected person contacts you first
• “It’s just a civil order” — it has criminal consequences

Step 3: Do Not Contact the Protected Person — At All

This includes:

• Phone calls
• Text messages or emails
• Social media messages, tags, or comments
• Using a friend or relative to send a message
• Showing up in person, even to “talk things out”

Even peaceful, apologetic, or accidental contact is a violation. And yes — replying to their message is also a violation.

If the protected person contacts you first, do not respond. Only the judge can change or dismiss the order — not the other party.

Step 4: Leave the Home If Required

If the order says you must stay away from:

• The protected person’s home
• A shared residence
• Certain locations (workplace, school, daycare)

You must leave immediately — even if:

• You’re the one paying rent
• Your belongings are inside
• You think the person won’t mind

You can request a time to retrieve belongings later with police escort or court approval. Do not go back without legal clearance.

Step 5: Hire an Attorney Immediately

An attorney can:

• Review the validity and scope of the order
• File a motion to challenge or modify it
• Represent you at the final hearing
• Protect your rights in any connected criminal case

Time is critical. If you’ve been served a temporary or ex parte order, you’ll usually have a court hearing within 14–20 days. If you don’t respond or show up, the judge can enter a final order without your side being heard.

Step 6: Prepare for the Protective Order Hearing

If the order is temporary or emergency-based, you have the right to contest it in court before it becomes final.

What to expect:

• The judge will hear from both sides
• Each party can bring evidence and witnesses
• The court will decide whether to continue, modify, or dismiss the order

What you can do to prepare:

• Document your side of the story
• Gather text messages, emails, or voicemails
• Compile witness names (neighbors, friends, family)
• Gather evidence that supports your version (video, photos, GPS data)

Your attorney may also present legal defenses such as:

• False accusation
• Self-defense
• Mutual combat
• Lack of threat or harm

(See: How to Respond if You’re Under Investigation But Not Charged)

Step 7: Avoid Common Mistakes After Being Served

Here’s what NOT to do after you’re served with a Texas protective order:

• Don’t contact the protected person, even to “apologize” or “talk things through”
• Don’t vent about the person on social media
• Don’t go to the home, school, or workplace listed in the order
• Don’t ignore the court date — you must appear, or the order may be made final
• Don’t rely on the other person’s permission — only the court can change the order

Step 8: Know What a Protective Order Can and Can’t Do

A protective order can:

• Restrict your physical movement and communication
• Impact custody and visitation rights
• Prevent you from possessing firearms (temporary or long-term)
• Lead to criminal charges for any violation

A protective order cannot:

• Automatically convict you of a crime
• Terminate your parental rights
• Last forever (unless it becomes a lifetime order after a full hearing)

County-by-County Considerations

Harris County

• MOEPs issued quickly after arrest
• Courts frequently issue temporary and final orders in family courts
• Early legal intervention may help narrow the scope of the order

Fort Bend County

• Protective order hearings typically move fast
• Judges require strong documentation to lift or modify orders

Galveston County

• Judges are strict about violations — even minor contact can lead to arrest
• Final orders often include long stay-away periods and firearm restrictions

Brazoria County

• More flexibility if both parties request peaceful contact
• Judges may be open to resolving matters without a final order if defense is prepared early

Final Tip: A Protective Order Isn’t Just Paper — It’s a Legal Threat to Your Rights

A protective order can impact your housing, parenting, employment, and future criminal record. But it’s not unbeatable. With the right defense strategy, you may be able to challenge the order, reduce its scope, or avoid permanent consequences.

At Walker Law Office, attorney Mekisha Walker defends clients across Harris, Fort Bend, Galveston, and Brazoria Counties in protective order hearings and related criminal cases. As a former prosecutor, she knows how to fight back against unfair, exaggerated, or strategic protective orders.

Call (713) 228-2611 or visit https://www.walkerlawhouston.com/contact to speak with a lawyer near you today.

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