Types of Protective Orders in Texas Domestic Violence Cases: A Beginner’s Guide

If you or someone you care about is involved in a domestic violence case in Texas, chances are you’ve heard the term “protective order.” But what kind of protective order are we talking about — emergency, temporary, or final? What do they mean? How long do they last? And what happens if you violate one?

Understanding the different types of protective orders is essential because they carry serious legal consequences, especially in family violence cases. Even if you haven’t been convicted of anything, a protective order can impact your housing, your job, your parenting rights, and your ability to carry a firearm.

In this post, you’ll learn:

• The three main types of protective orders in Texas domestic violence cases
• Who can request them and when
• What restrictions they impose
• How long they last
• What to do if one has been filed against you

Let’s break it down.

What Is a Protective Order?

A protective order is a legal document issued by a judge that orders one person (the respondent) to stay away from, stop contacting, or stop harming another person (the applicant or protected party).

Protective orders are often used in domestic violence cases to:

• Prevent further abuse or threats
• Protect the safety of children and household members
• Set clear legal boundaries during a criminal or civil case

Type 1: Magistrate’s Emergency Protective Order (MOEP)

When Is It Issued?

This type of order is usually issued automatically or at the request of police immediately after an arrest for family violence, assault, stalking, or similar charges.

Who Can Issue It?

A magistrate judge at the jail, often during your bond hearing.

How Long Does It Last?

• 31 to 91 days, depending on the circumstances.
• Up to 61 days if a deadly weapon was involved
• Up to 91 days if serious bodily injury occurred

What Does It Prohibit?

• Contacting the alleged victim by phone, text, email, or social media
• Returning to the victim’s home, school, or workplace
• Possessing a firearm

Can It Be Challenged or Modified?

Yes. Your attorney can file a motion to modify or terminate the MOEP. Courts will sometimes allow peaceful contact(especially in parenting or cohabitation cases) if the protected party agrees.

Type 2: Temporary Ex Parte Protective Order

When Is It Issued?

This order can be requested by the alleged victim or their attorney in civil court — even without your knowledge. It’s designed to provide immediate protection until a hearing is held.

Who Can Issue It?

A district or family court judge in civil court.

How Long Does It Last?

• Up to 20 days, but can be extended.
• The order remains in effect until a final protective order hearing is held.

What Does It Prohibit?

Similar to a MOEP:

• No contact
• No return to the residence
• No possession of firearms
• May include custody restrictions or orders to vacate the home

Can It Be Challenged?

Yes. Once you’re served, you’ll be notified of the hearing date — usually within 2–3 weeks. Your lawyer can prepare a defense and challenge the order in court.

Type 3: Final Protective Order

When Is It Issued?

After a full hearing in civil court where both parties have the opportunity to testify and present evidence. It may also be entered by agreement, especially in plea negotiations.

Who Can Issue It?

A civil court judge in a family, district, or county court.

How Long Does It Last?

• Typically up to 2 years
• Can be extended to lifetime in cases of serious harm or repeated violations

What Does It Prohibit?

• No contact with the protected party
• Stay-away zones around home, work, school, etc.
• Firearm prohibitions
• Custody or visitation restrictions
• Orders to complete counseling, BIPP, or substance abuse treatment

What Happens If You Violate It?

• First violation = Class A misdemeanor (up to 1 year in jail and $4,000 fine)
• Repeated or aggravated violations = State jail felony or third-degree felony
• Can also lead to new charges and revocation of bond or probation

Can It Be Appealed or Terminated?

Yes, but only under certain conditions. Your attorney may:

• File a motion to modify or terminate after one year
• Appeal the order based on insufficient evidence

How Are Protective Orders Enforced?

Protective orders are civil orders with criminal penalties. Police can:

• Arrest you on the spot for a credible violation
• File new criminal charges
• Confiscate firearms if prohibited by the order

Even if the protected person invites contact or wants the order removed — only the judge can change it.

Can a Protective Order Affect My Criminal Case?

Absolutely. If you’re also facing criminal charges:

• The judge may use the protective order to justify bond conditions
• Prosecutors may use violations to argue for harsher sentences
• A final protective order can be used as evidence in future cases
• It can also influence child custody, visitation, and family court outcomes

County-Specific Notes

Harris County

• MOEPs are common at the time of arrest
• Judges issue ex parte and final orders frequently
• Strong defense presentation may result in limited or modified contact

Fort Bend County

• Civil judges enforce strict timelines for protective order hearings
• Lifetime orders possible in severe or repeat cases

Galveston County

• Conservative approach: final orders often granted without much leniency
• Strong evidence and preparation required to contest

Brazoria County

• More flexible; temporary orders may be resolved by agreement or dismissed
• Judges may allow peaceful contact if requested early by defense counsel

Final Tip: Take Protective Orders Seriously — Even Temporary Ones

A protective order can damage your reputation, restrict your freedom, and land you back in jail — even if you haven’t been convicted of a crime. But you still have rights, and every protective order can be challenged.

At Walker Law Office, attorney Mekisha Walker helps clients fight and negotiate protective orders in Harris, Fort Bend, Galveston, and Brazoria Counties. As a former prosecutor and experienced defense lawyer, she knows what evidence judges look for — and how to push back when orders are unfair or overbroad.

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

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