Cofer Luster Criminal Defense Lawyers | August 13, 2025 | Criminal Defense
In Texas, a civil restraining order, often called a protective order, is a court-issued document meant to protect a person from ongoing harm such as family violence, dating violence, stalking, or sexual assault. It is a legal tool that puts certain conditions on someone (the “respondent”) who has posed a threat or shown violent behavior.
Protective orders typically last for up to two years and can be enforced by police if they’re violated.
What Restrictions Can Be Included?
A protective order can include several restrictions, such as:
- Stay a set distance (commonly 200 yards or more) away from the petitioner’s home, workplace, school, or any locations listed in the order.
- Refrain from making threats, committing acts of violence, or harassing the protected person or their family directly and indirectly.
- Avoid removing or harming any pets or companion animals belonging to the petitioner.
- Not taking, hiding, or keeping children listed under the order away from the petitioner or their custody.
Complying with every term of a protective order in Texas is mandatory. If you don’t abide by all of these rules, it can result in your arrest and can seriously impact any ongoing family law disputes or criminal proceedings.
Types of Protective Orders in Texas
Texas uses several different types of protective orders, each designed for a specific stage and situation involving alleged abuse, violence, or threats. Knowing which part of the order you’re facing or could be involved in helps you understand your legal risk and what actions are allowed.
Temporary Ex-Parte Protective Order
This order can be issued quickly, usually on the same day it’s requested, even if you weren’t at a court hearing about the order. The petitioner just needs evidence that there has been harm or threats of harm, and the petitioner is at risk of facing more harm in the future.
Temporary ex parte orders typically last no more than 20 days, unless extended by the judge, and are meant to be in place until a full court review is held.
Final (Permanent) Protective Order
This order only comes after a full hearing in front of a judge, where both the person accusing and the person accused are allowed to present witnesses and other evidence. If granted, it replaces the temporary order, generally remaining in place for up to 2 years.
Magistrate’s Order of Emergency Protection
These protection orders come after a defendant has been arrested for serious offenses like stalking, sexual assault, or other crimes involving family violence. These are usually requested by police, prosecutors, the victim, or the victim’s family. Sometimes the judge will decide to issue it on their own.
Each of these orders comes with obligations that must be followed, or you risk facing serious penalties.
Penalties for Violating a Protective Order in Texas
Violating a protective order in Texas is a serious criminal act that carries harsh penalties.
- Class A misdemeanor: Most first violations are Class A misdemeanors, and you could face up to a year in jail, a fine of as much as $4,000, or both.
- Third-degree felony: If you violate the order more than once, commit assault while the order is active, or stalk the other party, the crime becomes a third-degree felony, carrying a possible prison term of two to ten years and a fine that could reach $10,000.
No matter what level the offense is, it carries serious penalties.
Defending Against Allegations of a Violation
If you’re accused of violating a protective order in Texas, there are ways you and your lawyer can try to fight back:
- Disputing notice: If you never received or could not reasonably have known about the protective order, you can’t be in trouble for violating it.
- Challenging the facts: Showing that you were never near the protected person and didn’t communicate with them. This could mean providing an alibi showing you were somewhere else at the time they claim you violated the order.
- Unintentional contact: Demonstrating that any alleged incident was genuinely accidental or unavoidable, like both parties unintentionally running into each other in public.
This isn’t an extensive list of defenses, but it provides an overview.
A Criminal Defense Attorney Can Help
Just because you’re accused of violating a restraining order doesn’t mean you are automatically guilty. You should always speak with a lawyer right away for help. Contact Cofer Luster Criminal Defense Lawyers today to schedule a free consultation with a criminal defense lawyer.
Give us a call at (682) 777-3336 or visit our convenient location:
We serve the surrounding areas of Tarrant County and Fort Worth, TX.
Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101
Fort Worth, TX 76102