Defending a Protective Order Application in Texas: What You Need to Know

Being served with a protective order application in Texas can be overwhelming. Whether the order is sought under the Texas Family Code (for domestic violence) or the Texas Code of Criminal Procedure (for stalking or sexual assault), the consequences can be serious—including loss of access to your home, child custody implications, and limitations on firearm possession.

If you’re facing a protective order, here are some key points to understand and steps to take:

1. Understand the Nature of the Protective Order
   Protective orders can be temporary (Temporary Ex Parte Protective Orders) or final. If a Judge signed a temporary ex parte protective order against you, you will have the opportunity to contest a final order at a hearing—usually within 14 days.
2. Prepare for the Hearing
   You have the right to be represented by an attorney, present evidence, and cross-examine the applicant. An experienced attorney will know how to (1) Challenging the credibility of the petitioner’s claims. (2) Presenting contrary evidence, (3) Demonstrating lack of intent or threat, (4) Present any valid defenses you may have.
3. Don’t Violate the Temporary Order
   Even if you believe the protective order is unfair, violating it—intentionally or unintentionally—can lead to arrest and criminal charges. Always follow the terms until the court rules otherwise.
4. Work with an Experienced Attorney
   Protective order hearings often involve complex legal and emotional dynamics. A skilled attorney can help craft a defense, negotiate potential resolutions, and protect your rights.

There are strict deadlines in protective order cases. If you’ve been served, you need to take action immediately. Don’t miss your chance to defend yourself in court. Defending against a protective order doesn’t just mean fighting the immediate restrictions—it also means safeguarding your reputation, rights, and future legal standing.

Take it seriously, respond quickly, and hire an experienced attorney so that you are fully prepared for your day in court.