Protective Order Attorney in Houston
Whether you need a protective order to stay safe – or you’re defending against false allegations – protective order proceedings move fast and have lasting consequences. We represent both sides in Houston-area courts with the urgency these cases require.
Types of Texas Protective Orders
Family Violence Protective Order
The most common type. Filed by a family member, household member, or dating partner against another for family violence, threats, or abuse. Civil proceeding under the Texas Family Code. Can last up to 2 years (longer in specific cases).
Magistrate’s Order for Emergency Protection
Issued automatically by a magistrate or judge after a family violence arrest. Short-term – typically 31, 61, or 91 days depending on the underlying offense. Used to give the victim breathing room while permanent orders are sought.
Sexual Assault, Stalking, or Trafficking Protective Order
Different statutory framework. Available regardless of the relationship between victim and respondent. Specific to those types of conduct.
The remedies available – and the procedural process – differ across these.
What a Protective Order Actually Orders
A family violence protective order typically:
- Prohibits the respondent from committing further family violence against the protected person
- Prohibits communication – direct, indirect, electronic, by third parties – with the protected person
- Prohibits going near the protected person’s home, work, school, or daycare facility
- Excludes the respondent from the family residence (even if it’s the respondent’s home)
- Awards temporary use of vehicles, personal property, and possession of children
- Orders temporary child support and possession schedule
- Requires firearm surrender to the appropriate authorities
- Prohibits transfer or removal of property
- Orders battering intervention or treatment
Violation is a criminal offense – Class A misdemeanor or felony depending on circumstances.
How to Get a Protective Order in Houston
Step 1 – File the Application
The Application for Protective Order is filed in the family court of the county where the applicant resides or where the family violence occurred. There is no filing fee.
Step 2 – Temporary Ex Parte Order (Immediate Relief)
If immediate protection is needed, the court can issue a temporary ex parte protective order without giving the respondent notice – based on the applicant’s affidavit alone. Lasts up to 20 days, extendable to 40.
Step 3 – Service on Respondent
The respondent must be served with notice of the hearing.
Step 4 – Hearing
A contested hearing within 14 days of filing (or 20 days if served). The applicant must prove family violence occurred and is likely to occur again.
Step 5 — Final Order
If the court finds family violence occurred and is likely to occur again, the court enters a protective order – typically for up to 2 years.
Get Kuehm.
Defending Against a Protective Order
If you’ve been served with an Application for Protective Order, the consequences of letting it become final are severe:
- Loss of firearm rights (federal law)
- Negative impact on custody and divorce cases
- Professional licensing consequences in some fields
- Employment and security clearance consequences
- Permanent record of the protective order
- Restrictions on contact with your own children in some cases
- Loss of access to your own home
Defending requires:
- Immediate response – protective order hearings happen fast
- Documenting your version of events – texts, emails, witnesses, video
- Identifying the applicant’s motivations – often connected to a pending divorce or custody case
- Cross-examining the applicant at the hearing
- Presenting your own evidence and witnesses
- In appropriate cases, negotiating an “agreed order” that doesn’t include findings of family violence
Don’t ignore a protective order application. Don’t try to defend it yourself. The procedural rules and evidentiary standards are unforgiving.
Protective Orders in the Context of Divorce and Custody
Many Texas protective orders are filed in the context of divorce and custody. We see both honest applications and tactical filings:
Legitimate Applications
Real family violence cases require immediate protection. We represent victims in obtaining and enforcing protective orders, and we coordinate with divorce counsel to ensure protection continues throughout the case.
Tactical Applications
Some protective orders are filed strategically – to gain advantage in pending custody disputes, exclude a spouse from the family home, or position for divorce. Texas courts are generally adept at recognizing manipulation, but defending these cases requires careful preparation.
We help clients on both sides distinguish real from manufactured.
What Happens When a Protective Order Is Violated
Violation of a Texas protective order is a criminal offense:
- First offense: Class A misdemeanor (up to 1 year in jail, up to $4,000 fine)
- Repeat offense within 12 months: state jail felony
- Violation involving family violence: elevated penalties
In addition, violation can be enforced as:
- Civil contempt in the issuing family court
- Modification or extension of the existing protective order
- Bond conditions and pretrial release restrictions if a criminal case results
If you’re the protected person and a violation occurs, call 911 immediately. The order is enforceable against the respondent regardless of whether you “let” them violate it.
Related Remedies in Family Violence Cases
Beyond protective orders, Texas family violence cases can involve:
- Temporary restraining orders in pending divorces – broader civil orders, no criminal enforcement
- Mutual restraining orders in divorces – common standing order at filing
- Exclusive use of the residence – by temporary orders in divorce, without a finding of family violence
- Supervised visitation orders – when children are involved and there are safety concerns
- Drug or alcohol testing orders
- Counseling orders – for the parties or the children
These can be combined with protective orders or used as alternatives in cases that don’t quite meet the family violence standard.
On This Page
"*" indicates required fields
How long does it take to get a protective order in Houston?
A temporary ex parte order can be issued the same day you file. A final order typically follows a hearing within 14–20 days.
Can I get a protective order against a dating partner?
Yes. Texas family violence protective orders extend to dating partners - current and former - even without cohabitation or marriage.
Does a protective order go on my record?
Yes. Texas protective orders are recorded and enter the law enforcement database. They can affect background checks, employment, and firearm rights.
Can I get a protective order against my child's other parent?
Yes - if family violence has occurred between you. Possession and access provisions in the protective order can override existing custody orders during its term.
What if my spouse gets a protective order based on lies?
Defend the case aggressively. Documented evidence - texts, witnesses, video - and effective cross-examination are how false applications are defeated. Don't try to handle it alone.
Can a protective order be modified or dropped?
Yes. The applicant can move to dismiss or modify. Some orders are agreed to with specific conditions. After two years, most expire automatically.
What if I just need to keep someone away from me but not file family violence allegations?
Other remedies exist - temporary restraining orders in pending divorces, civil harassment orders, no-contact agreements. Talk to a lawyer about the right option for your situation.
Talk to a Houston Protective Order Lawyer Today
Whether you need protection or you’ve been served with an application, the first 48 hours matter. Schedule a confidential consultation now.
Get A Free Case Evaluation
Contact Form
"*" indicates required fields
