Protective Orders in Assault Cases

A Comprehensive Beginner’s Guide to Understanding Protective Orders in Texas

When an allegation of assault or family violence is made in Texas, the criminal case itself is only part of the legal equation. In many situations, courts will issue a protective order — a legally binding court order designed to restrict a person’s contact with another individual. For those who have never been involved in the justice system before, protective orders can seem confusing, overwhelming, and even unfair.

But make no mistake: protective orders carry real legal consequences, even if you haven’t been convicted of a crime. They can affect your housing, your parenting rights, your ability to possess a firearm, your employment opportunities, and more. Violating one — even unintentionally — can result in criminal charges, arrest, and jail time.

This Beginner’s Guide walks you through what you need to know about protective orders in Texas assault cases — including what they are, when they’re issued, how to respond, and how an experienced criminal defense attorney near you can protect your rights.

What Is a Protective Order?

A protective order is a court-issued order that prohibits a person from contacting, threatening, or coming near another individual. In Texas, protective orders are most commonly issued in cases involving:

• Family violence
• Dating violence
• Sexual assault
• Stalking

Protective orders are civil in nature, but they carry criminal consequences for violations. They can be requested by an alleged victim, by law enforcement, or automatically imposed by the court following an arrest.

As outlined in What Is a Protective Order and When Is It Issued?, these orders may be issued even before any charges are formally filed. In some cases, they are issued without the accused even knowing until they are served.

Emergency Protective Orders After an Arrest

When an individual is arrested for assault, a judge may issue a Magistrate’s Order for Emergency Protection (MOEP). These emergency protective orders are common in family violence cases and are often issued automatically, even if the alleged victim does not request one.

As explained in Emergency Protective Orders After an Assault Arrest, MOEPs can be put in place within hours of your arrest and typically prohibit you from contacting the alleged victim or returning to your home.

These orders may also:

• Restrict you from seeing your children
• Prevent you from possessing firearms
• Remain in place for 31–91 days, depending on the circumstances

You may not get a formal hearing before this order takes effect — which makes immediate legal counsel essential.

Responding to a Protective Order in Harris County

If you live in Harris County, responding to a protective order quickly and strategically is critical. The county’s courts handle thousands of family violence cases every year, and protective orders are routinely granted without meaningful input from the accused unless a strong legal response is filed.

In Responding to a Protective Order in Harris County, we discuss how to:

• File a formal answer
• Request a hearing
• Gather evidence for your defense
• Challenge the necessity or scope of the order

Your attorney near you can also request modifications to allow contact for child exchanges or remove unjustified firearm restrictions.

How Protective Orders Affect Child Custody and Visitation

One of the most painful consequences of a protective order is its impact on parenting rights. A protective order can temporarily or permanently affect your ability to:

• See your children
• Pick them up from school or daycare
• Share custody with the other parent
• Make decisions about their care

As detailed in How Protective Orders Impact Child Custody and Visitation, judges may limit or suspend visitation, order supervised visits, or give sole custody to the other parent — even before the assault allegations are proven in court.

Protective orders may also influence long-term family court rulings, especially if they remain on your record.

Protective Order vs. Restraining Order: What’s the Difference?

Many people use the terms protective order and restraining order interchangeably, but in Texas, they have very different legal meanings. A protective order is issued in response to alleged violence or threats and can be criminally enforced. A restraining order, by contrast, is a civil order typically used in divorce or property disputes.

In Protective Order vs. Restraining Order: What’s the Difference?, we clarify how each order works, what the consequences are for violating them, and why it matters which one you’re facing. If you violate a protective order, you can be arrested and charged with a separate criminal offense — but a restraining order violation is usually handled in civil court through contempt proceedings.

How to Challenge a Protective Order in Texas Court

Even though protective orders are serious, they can be challenged in court. If you act quickly and gather the right evidence, a judge may decide not to grant a final order or may modify the restrictions.

As discussed in How to Challenge a Protective Order in Texas Court, your lawyer can:

• Cross-examine the accuser at a hearing
• Present your own evidence and witnesses
• Argue that no family violence occurred or is likely to occur again
• Request a narrower order or dismissal

You only get one opportunity to fight a final protective order — and the outcome can affect your rights for years.

Violating a Protective Order: Legal Consequences

Violating a protective order in Texas is a criminal offense, even if the protected person initiated contact or you violated it unintentionally.

In Violating a Protective Order: Legal Consequences, we explain how:

• First-time violations can result in Class A misdemeanor charges
• Repeat violations or violations involving violence can be charged as felonies
• Violations may result in jail time, new charges, and bond revocation

These violations can also be used as evidence against you in the original assault case. That’s why it’s critical to understand the exact terms of the order — and why a criminal defense attorney near you should guide your response.

How Protective Orders Affect Your Firearm Rights

One of the most overlooked aspects of a protective order is the automatic restriction it imposes on firearm ownership. In Texas, most protective orders include language prohibiting the respondent from possessing or purchasing firearms.

But under federal law (18 U.S.C. § 922(g)(8)), even a temporary or civil protective order can result in a felony firearms disqualification.

In How Protective Orders Affect Your Firearm Rights, we explain:

• Which orders trigger gun bans
• How long firearm restrictions last
• How violations can result in state and federal charges
• What you can do to restore your rights

Your attorney near you may be able to challenge the order, seek a modification, or help you protect your record.

Duration and Renewal of Protective Orders in Texas

Protective orders don’t always expire quietly. In some cases, they can be renewed, extended, or even made permanent.

In Duration and Renewal of Protective Orders in Texas, we outline:

• How long emergency, temporary, and final orders last
• When judges may extend orders beyond the standard two years
• How to petition for early termination or challenge renewal
• How prior orders can be used in future family or criminal cases

Your lawyer near you can help you challenge renewals and fight back before temporary restrictions become lifelong limitations.

Impact of Protective Orders on Employment and Background Checks

Even if you comply with the order and avoid new charges, a protective order can still have long-term effects on your employment, licensing, and background checks. Many employers view protective orders as red flags, even in the absence of a conviction.

As covered in Impact of Protective Orders on Employment and Background Checks, these orders can appear in:

• Pre-employment screenings
• Security clearance reviews
• Professional licensing applications
• Internal audits and HR investigations

Your attorney near you can help limit these impacts by fighting the order early, negotiating favorable terms, and pursuing record sealing or expunction where possible.

Final Thoughts: Don’t Face a Protective Order Alone

Protective orders in Texas are more than just court paperwork — they are legally binding restrictions with serious criminal, personal, and professional consequences. They can disrupt your parenting rights, restrict your freedoms, and damage your future even if the original assault allegation is never proven.

But you are not powerless. With the help of an experienced criminal defense attorney near you, you can:

• Challenge the order
• Limit its terms
• Avoid violations
• Protect your employment, rights, and reputation

Call Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to speak with a lawyer near you who understands how to fight protective orders in Texas and defend your future from the start.

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