Family Violence Allegations
The case begins with whether the alleged conduct falls within Texas statutory definitions and what evidence supports or challenges the allegations.
Dallas–Fort Worth Protective Order Attorney
Protective order cases
move fast—and matter.
Representation for people seeking protection from family violence and for respondents defending against protective-order applications that can affect contact, residence, children, firearms, employment, and related family-law litigation.
Texas protective-order proceedings have their own statutory rules, deadlines, findings, and remedies. The strategy should begin with the allegations, available evidence, any immediate safety issues, and the relationship between the protective-order case and existing custody or divorce litigation.
ApplicationsSeeking protection
DefenseResponding to allegations
Temporary ReliefEx parte orders
Family LawCustody implications
Dallas–Fort WorthServing North Texas
At a Glance
When can a Texas court issue a family-violence protective order?
Under Chapter 81 and Chapter 85 of the Texas Family Code, a court must make the statutory findings required for a protective order. Current Section 85.001 directs the court to determine whether family violence has occurred and, when it makes that finding, to render the protective order provided by law.
What These Cases Can Involve
The order can reach far beyond “no contact.”
Protective orders can intersect with living arrangements, communications, children, possession and access, property, firearms, and pending criminal or family cases. The requested terms should be evaluated one by one.
Temporary Ex Parte Relief
Courts can issue temporary ex parte relief in qualifying circumstances before the final protective-order hearing.
Contact & Communication
Requested restrictions may address direct contact, threatening or harassing communications, proximity, and other conduct identified by statute.
Children & Custody
Family-violence findings and protective orders can affect custody analysis, possession, exchanges, supervision, and safety provisions in a SAPCR or divorce.
Residence & Property
Protective-order relief can address access to a residence and other temporary arrangements authorized by Texas law.
Defense & Due Process
A respondent should evaluate the petition, notice, hearing date, evidence, witnesses, related criminal exposure, and the precise restrictions being requested.
Protective Orders & Custody
A protective-order finding can reshape the custody case.
Texas custody law requires courts to consider credible evidence of past or present child neglect, abuse, or family violence. Section 153.004 also directs courts to consider whether a protective order was rendered against a parent or other relevant person during the statutory period.
01Is there an existing divorce or custody case?
02Are temporary custody or possession orders already in place?
03Could supervised possession or protected exchanges become an issue?
04Are criminal charges, bond conditions, or emergency orders also pending?
What To Do Now
Four immediate priorities in a protective-order case.
Whether applying for protection or responding to an application, preserve evidence and understand every active order before taking action.
Read every active order.
Temporary ex parte orders, bond conditions, custody orders, and other restrictions can overlap. Know exactly what currently applies.
Preserve communications and evidence.
Keep messages, call logs, photographs, videos, medical records, police information, witness details, location records, and other relevant evidence.
Do not violate temporary restrictions.
Even if allegations are disputed, violating an active order can create additional legal exposure and complicate the underlying case.
Prepare for the hearing early.
Protective-order cases can move quickly. Identify the disputed allegations, witnesses, exhibits, related cases, and the terms being requested before the hearing.
Two Different Positions
Seeking protection and defending an application require different strategies.
An applicant needs evidence tied to the statutory basis for protection and the relief necessary for safety. A respondent needs to understand exactly what is alleged, preserve exculpatory or contextual evidence, comply with active temporary orders, and account for collateral effects on custody, criminal proceedings, firearms, work, and reputation.
Frequently Asked Questions
Questions about Texas protective orders.
Is a protective order the same as a restraining order?
No. Texas family-violence protective orders arise under specific statutes and can carry consequences different from ordinary temporary restraining orders used in civil or family litigation.
Can a protective order affect child custody?
Yes. Texas custody law specifically addresses family violence and requires courts to consider certain protective orders when evaluating custody and access issues.
Can a protective order restrict contact or communication?
Yes. Depending on the findings and statutory authority, a final protective order can prohibit specified conduct and communications and impose other protective terms.
What if I was served with a protective-order application?
Read the application and every temporary order immediately, preserve evidence, comply with active restrictions, identify the hearing date, and evaluate any related custody or criminal proceedings.
Can a protective order last more than two years?
Texas law permits longer protective orders in certain circumstances and requires additional findings when a court renders an order for more than two years under the applicable statute.
Confidential Consultation
Need Help With A Texas Protective Order?
Tell us whether you are seeking protection or responding to an application, when the hearing is scheduled, whether children or a custody case are involved, and whether any criminal allegations are pending.
Protective-order hearings move quickly.
Early preparation can help organize evidence, witness testimony, temporary-order issues, custody concerns, and any related criminal or immigration consequences before the hearing.
Request a Consultation → Call 833-FOR-PIRIContacting the firm does not create an attorney-client relationship.