Assault Protective Orders in Texas

A plain-English starting point for anyone served with—or worried about—a protective order

If you’ve just been served—or you think someone is about to file—a protective order tied to an assault allegation, it’s normal to feel overwhelmed. The rules are technical, the hearings move fast, and a single misstep (like a text, “like,” or drive-by) can become a new criminal case overnight. The good news: with a clear roadmap and the right counsel, you can protect your rights, avoid new charges, and position your assault case for the best outcome.

In this post you’ll learn: what a protective order is, who can get one, the different types in Texas, how long they last, what they can require (no-contact, stay-away, firearms, “kick-out,” and more), what happens if you violate one, and how to respond strategically if you’re served.

What is a protective order in Texas?

A protective order is a civil court order that restricts contact or imposes conditions to prevent family violence or related harms. In Texas, judges issue protective orders under Family Code Title 4 (family violence and dating violence), and courts may also issue specialty protective orders for sexual assault, stalking, trafficking, or certain burglary victims under Code of Criminal Procedure Chapter 7B. See Family Code Chapter 85 (Issuance of Protective Order) and CCP Chapter 7B (Protective Orders).

In family-violence cases, a court must issue a protective order if it finds that family violence occurred; the mechanics of entry are detailed in Family Code §85.001 (Required Findings and Orders).

Who can get one (and what counts as “family violence”)?

Texas defines family violence broadly: physical harm, bodily injury, assault, or sexual assault—or threats that reasonably place someone in fear of imminent harm—committed by a family or household member. The definition also includes dating violence. See Family Code §71.004 (Family Violence) and §71.0021 (Dating Violence).

Anyone meeting those definitions can apply, and prosecutors can assist. The general “entitlement” rule appears in Family Code Chapter 81.

The three main types of Texas protective orders (and when they appear)

1) Temporary ex parte protective orders (filed in civil court)

Courts may issue these without notice to the other side when there’s a clear and present danger of family violence. They typically last up to 20 days and can be extended in 20-day increments. See Family Code Chapter 83 and §83.002 (Duration; Extension).

2) Final protective orders (after a noticed hearing)

After both sides have notice and an opportunity to be heard, the court may enter a final protective order. By default, it lasts up to two years, but it can exceed two years if the respondent committed a felony act of family violence, caused serious bodily injury, or has been the subject of two or more prior protective orders protecting the same person. See Family Code §85.025 (Duration).

3) Magistrate’s Order for Emergency Protection (MOEP) (after an arrest)

A MOEP is issued by a magistrate at your initial appearance after arrest for certain offenses, often involving family violence. As of September 1, 2025, Texas increased MOEP duration to a minimum of 61 days and up to 121 days. (Prior orders could range 31–91 days; deadly-weapon cases previously required at least 61 days.) See CCP art. 17.292 and the Texas judiciary’s form guidance noting the 61–121 day update. See also TexasLawHelp’s plain-English explainer.

Specialized orders for sexual assault, stalking, trafficking, or certain burglary victims follow CCP Chapter 7B, which uses different proof standards.

What can a protective order require?

The court can impose no-contact, stay-away, and other behavioral restrictions, and it can include terms affecting housing, pets, and even temporary child-access arrangements:

Core restrictions on the respondent. Family Code §85.022 authorizes no-contact provisions (including indirect or third-party contact), stay-away zones (home, work, school), harassment bans, prohibitions on tracking/monitoring, and—critically—no firearm possession (with narrow employment exceptions for on-duty peace officers).

Orders applying to either party. Courts may grant exclusive possession of a residence, order one party to vacate, set temporary possession/access to a child, and allocate the use of certain property under Family Code §85.021. There are strict requirements to exclude someone from a residence in an emergency (“kick-out order”), including a sworn affidavit and in-person testimony under §83.006.

Mandatory warnings. Every order contains bold warnings that no one—even the protected person—can authorize a violation, and contempt penalties may apply. See Family Code §85.026 (Warning).

How long do orders last (and can they be extended or cut short)?

Temporary ex parte: up to 20 days; extendable in 20-day blocks. §83.002.

Final orders: up to two years unless the court makes enhanced-risk findings (felony conduct, serious injury, or two+ prior orders), in which case more than two years is allowed. Respondents may ask the court—after one year—to review whether there is a continuing need; special limits apply to >2-year orders. §85.025.

MOEP: 61–121 days (post-9/1/2025). See art. 17.292 and Texas Judiciary update.

If the respondent is incarcerated when a final order would expire, Texas law extends the expiration to a set period after release. See §85.025(c).

How are orders served and enforced?

Service/Delivery. A protective order must be delivered or served on the respondent, and it can be served in open court at the end of the hearing if the respondent is present. See Family Code §85.041.

Criminal enforcement. Violating a protective order—or bond conditions tied to a family-violence case—is a crime under Texas Penal Code §25.07. First violations are commonly Class A misdemeanors; certain conduct (e.g., assault, stalking, or multiple prior violations) can be charged as a third-degree felony.

Contempt & interstate enforcement. Courts can also punish violations by contempt, and Texas adopts the Uniform Interstate Enforcement act, allowing other states to honor and enforce Texas orders. See Family Code §85.026 and Chapter 88.

How do protective orders affect firearms rights?

Two systems apply:

Texas orders often include a specific no-firearms condition under Family Code §85.022(b)(6).

Federal law makes it a felony to possess firearms or ammunition while subject to a qualifying domestic-violence protective order under 18 U.S.C. §922(g)(8). See the statute at LII and DOJ’s overview for prosecutors.

If a MOEP or final order prohibits firearms—or if your order qualifies under federal law—do not possess or purchase firearms until cleared by your attorney and the court.

What’s the difference between protective orders and restraining orders?

A protective order carries criminal enforcement under Penal Code §25.07 and is entered under the Family Code or CCP. A civil restraining order (often seen in divorces) is enforced by contempt, not by §25.07. We’ll unpack the differences in a dedicated post—but for now, assume protective orders are stricter and criminally enforceable if violated. For the statutory backbone, see Family Code Chapter 85.

What to do—immediately—if you’re served (even if you disagree)

Read every page and obey it—right now. The order is enforceable the moment it’s served (or when read to you in open court). Violations—even accidental—can trigger new charges under Penal Code §25.07.

Calendar the hearing date. Missing it can lock in a longer, broader order.

Stop all direct and indirect contact. No calls, texts, tags, “likes,” deliveries, or third-party messages.

Secure firearms lawfully if required. Your lawyer can advise on surrender or storage to comply with §85.022(b)(6) and federal law.

Gather your defense materials. Screenshots, messages, call logs, location data, witness lists, and any evidence of self-defense, mutual combat/consent, or lack of intent that also matter in your assault case.

Call an experienced defense attorney who understands both the criminal and civil sides. Early counsel can coordinate your assault defense with protective-order strategy to avoid self-inflicted damage.

How a protective order intersects with your assault case

Statements & testimony risk. Anything you say at the civil hearing can be used in your criminal case. Your lawyer may limit your testimony or seek continuances to protect your Fifth Amendment rights while still contesting scope/duration.

Bond conditions vs. protective orders. You may have both. Violating either can be charged under Penal Code §25.07. MOEPs are issued under CCP art. 17.292.

Custody/visitation detours. Courts can set temporary possession and access terms inside a protective order under §85.021, and protective orders can be transferred to the court with continuing jurisdiction. See Family Code Chapter 85.

How to fight or narrow a protective order (without hurting your criminal case)

For beginners, here’s the playbook we use:

Challenge the legal elements. The applicant must prove the statutory requirements (e.g., that “family violence” occurred and is likely to occur again). We use the definitions at §71.004 and §71.0021, and the entry rules at §85.001.

Contest scope and locations. Tailor stay-away zones to what’s actually necessary; fight overbroad “anywhere they might be” language using the limits in §85.021/§85.022.

Resist improper “kick-outs.” Excluding someone from a residence at the ex parte stage requires strict proof: a detailed sworn affidavit and in-person testimony. See §83.006.

Use continuances wisely. When a parallel criminal case is pending, your lawyer may pursue a continuance or a limited record to avoid self-incrimination while preserving your defenses.

Modifications later. After entry, either side can seek to modify terms upon notice and hearing. See Family Code Chapter 87.

Duration challenges. Respondents may ask the court—after one year—to review whether the order is still needed; special rules apply to orders longer than two years. See §85.025(b)–(b-2).

What happens if you violate a protective order?

Violations can be prosecuted as new crimes under Tex. Penal Code §25.07. Many first-time violations are Class A misdemeanors; assault/stalking violations or repeat violations can be third-degree felonies (2–10 years). Courts may also hold you in contempt under §85.026. And firearm possession while under a qualifying order can trigger federalcharges under 18 U.S.C. §922(g)(8).

Forms, filing, service, and where cases are heard

Texas provides standardized protective-order forms and instructions through the judiciary. You’ll also find county-specific procedures on local court sites. See Texas Judicial Branch – Standardized Protective Order Forms. Protective orders under Title 4 are filed per Family Code Chapter 82 (Applying for Protective Order), which governs venue, service, and the contents of the application, including the official OCA form referenced in §82.004.

Quick FAQ (for beginners)

Is a MOEP the same as a final protective order?

No. A MOEP is an emergency order a magistrate issues after arrest; it’s shorter and tied to the criminal case. Final protective orders are civil orders after a noticed hearing and can last up to two years or more. See art. 17.292 and §85.025.

Can a protective order include child-access provisions?

Yes. Courts can include possession and access terms when the protected person is a parent. See §85.021.

I was “kicked out” on an ex parte order. Was that allowed?

Possibly—but only if the applicant filed a sworn affidavit and testified in person to justify exclusion without notice. See §83.006.

How do I change an order that’s too broad?

File a motion to modify under Chapter 87. Judges can narrow locations, tailor communication exceptions, and adjust child-access terms after notice and hearing.

Will my order be enforced if someone moves out of state?

Yes. Texas and other states honor valid orders under the Uniform Interstate Enforcement act. See Family Code Chapter 88.

Bottom line (and your next move)

Protective orders move fast and carry serious criminal consequences if you slip—even unintentionally. The smart approach is to:

Obey first, then fight smart (through counsel) to narrow scope and duration.

Coordinate your protective-order defense with your assault defense so you don’t harm your criminal case.

Plan for firearms, housing, and child-access issues from day one.

Document everything—compliance, communications through counsel, and evidence that supports your underlying defenses.

Call the Law Office of J.L. Carpenter at (713) 201-6767 or contact us here: Schedule a confidential consultation. As a former felony Harris County prosecutor now defending clients in Harris, Galveston, and Fort Bend Counties, I’ll help you navigate protective orders without making costly mistakes.