Protective Orders in Texas 

When conflict at home turns into fear, or when a relationship breakup becomes threatening, life can feel like it spins out of control. In Texas, Protective Orders are one of the strongest tools the law provides to protect people from family violence, dating violence, stalking, and similar threats. They can give you space, safety, and clear rules that the other person must follow, backed by the power of the court. 

At the same time, Protective Orders can have serious consequences for the person accused of abuse. They can affect where you live, your ability to see your children, your right to possess firearms, and even your criminal record and employment. 

Andrea M. Kolski, founding attorney of NonstopJustice PLLC, has more than 25 years of criminal law experience in Montgomery County and throughout Southeast Texas. As a former felony prosecutor and a seasoned criminal defense lawyer, she understands Protective Orders from both sides. Whether you need protection or you have been served with a Protective Order and need to defend your rights, Andrea and her team can guide you through the process with focus and skill. 

This page explains in straightforward terms what Protective Orders are, how Texas law treats them, what the process looks like, and how an experienced attorney like Andrea Kolski can help you navigate these tough legal situations. 

Defining Protective Orders in Texas 

A Protective Order is a court order that limits or prohibits contact between people. It is designed to protect a person from violence, threats, harassment, or stalking by another person who has a certain relationship to them, such as a spouse, ex partner, family member, or someone they are dating. 

Protective Orders are civil orders, but violating them can lead to criminal charges. They are different from a simple “no contact” request or a private agreement. Once a judge signs a Protective Order, it has the force of law, and police can arrest someone who violates it. 

Protective Orders in Texas can: 

• Prohibit a person from committing family violence, dating violence, sexual assault, stalking, or trafficking 

• Order that person to stay away from your home, work, school, or your children’s school 

• Limit or prohibit contact in person, by phone, by text, email, or social media 

• Address temporary custody and visitation with children in some situations 

• Require the person to surrender firearms in certain cases 

The exact terms depend on the type of Protective Order and what the judge finds necessary for safety. 

The Purpose of Protective Orders  

Texas law has a clear goal for Protective Orders. They are meant to prevent further violence or harm, not to punish someone for past behavior. The idea is to stop the situation from escalating and to give the protected person a safer space to make decisions about their life, their family, and their future. 

Protective Orders serve several important purposes: 

• Immediate safety for victims of family or dating violence, stalking, or sexual assault 

• Clear, enforceable boundaries that law enforcement can act on 

• A paper trail that documents ongoing problems if the situation continues 

• A structured framework for temporary child custody and contact in high conflict situations 

For someone accused of abuse, the purpose can feel very different. This is especially true when an innocent person is being falsely accused of abuse.  A Protective Order can seem like a punishment in itself. It can impact your home, your children, your job, and your reputation. Regardless if the accusations have merit, having experienced legal counsel matters on both sides of these cases is critical to protecting your rights. 

Overview of Texas Protective Order Laws and Statutes 

Protective Orders in Texas are mainly governed by the Texas Family Code and the Texas Code of Criminal Procedure. 

Key Family Code provisions include: 

• Texas Family Code Chapter 82: Filing an application for a Protective Order 

• Texas Family Code Chapter 83: Temporary ex parte Protective Orders 

• Texas Family Code Chapter 85: Issuance of Protective Orders after a hearing 

• Texas Family Code Chapter 81 and 82: Who can apply and where to file 

For victims of sexual assault, stalking, trafficking, or similar crimes, additional authority is found in the Texas Code of Criminal Procedure, including: 

• Articles 7A.01 to 7A.07 (now largely recodified as Chapter 7B), which provide for Protective Orders related to certain offenses such as sexual assault, trafficking, stalking, and bias based offenses 

These statutes define who can apply, what courts can issue orders, what findings the judge must make, and what terms can be included. 

Types of Protective Orders in Texas 

Protective Orders come in several forms, each serving a different purpose and timeline. 

1. Temporary ex parte Protective Order 
   This is a short term order that a judge can issue without the accused person present, based on an application and supporting evidence. It is designed to provide immediate protection until a full hearing can be held. It typically lasts up to 20 days and can be extended. 

2. Final Protective Order 
   After a full hearing where both sides can present evidence and testimony, the court can issue a Final Protective Order. Most commonly, these last up to two years, but in some situations involving serious or repeated violence they can last much longer. 

3. Magistrate’s Order for Emergency Protection (EPO) 
   In criminal cases involving family violence or certain assaults, a magistrate can issue an emergency Protective Order shortly after an arrest. These are often requested at the jail and can last from 31 to 91 days or longer, depending on the offense. 

Each type of order has different rules and effects, but all are serious and enforceable. 

The Process of Getting a Protective Order 

The basic steps to obtain a Protective Order in Texas include: 

• Filing an application with the appropriate court, usually in the county where you or the other person lives, or where the violence occurred 

• Providing detailed information and statements about what happened and why you need protection 

• Requesting a temporary ex parte order when immediate safety is at issue 

• Attending a court hearing, usually set within a short time, where both sides can testify and present evidence 

• Receiving a Final Protective Order if the judge finds that the legal standards are met 

For victims, this process can feel overwhelming, especially when you are already dealing with fear, trauma, or ongoing harassment. For the accused, it can be intimidating to face a hearing where your words, actions, and history are examined, often while a related criminal case may also be pending. 

Having a skilled attorney to prepare testimony, gather evidence, and present your case clearly to the judge is critical. Mistakes at this stage can lead to inadequate protection for victims or long-lasting restrictions and collateral consequences for the accused. 

What Protective Orders Typically Include 

A Texas Protective Order can include many different terms, tailored to the situation. Common provisions include: 

• No contact or limited contact between the parties 

• Stay away requirements for homes, workplaces, schools, and other places you regularly go 

• Prohibitions on threats, harassment, or stalking behavior 

• Temporary arrangements for possession of the home or for child exchanges 

• Surrender of firearms where required by state and federal law 

Violations of these terms can lead to arrest, criminal charges for violation of a Protective Order, additional bond conditions, and stronger future orders. 

Because the language of the order is so important, it needs to be drafted and reviewed carefully. A poorly worded order can be hard to enforce for victims or unnecessarily restrictive and confusing for the accused. 

Common Questions and Concerns about Protective Orders 

People on both sides of a Protective Order case tend to share several concerns: 

• Will I have to see or talk to the other person in court 

• How will this affect my children and custody or visitation 

• Will this show up on a background check or affect my job 

• What happens if the other person contacts me first 

• How long will the order last, and can it be modified or ended early 

• What if the allegations are exaggerated or false 

Protective Orders can impact criminal cases, divorce or custody disputes, employment, firearm rights, and immigration status. They are not minor legal matters. Whether you are seeking protection or defending against an application, you need advice that takes the full picture into account. 

Legal Help for Protective Order Cases 

Andrea M. Kolski has decades of experience handling cases that involve family violence allegations, assault, stalking, and related crimes. She has represented both alleged victims and accused individuals in matters connected to Protective Orders, criminal charges, and family law cases. 

Her approach is strategic and practical. She understands: 

• How judges in Montgomery County evaluate Protective Order applications 

• How Protective Orders interact with pending criminal charges and bond conditions 

• The impact these orders can have on your daily life, your family relationships, and your future 

If you are seeking a Protective Order, Andrea can help you: 

• Understand what kind of order you may be able to request and what it can and cannot do 

• Prepare a detailed and persuasive application supported by evidence 

• Request a temporary ex parte order if immediate safety is at stake 

• Present your testimony and any witness testimony effectively at the hearing 

• Negotiate appropriate terms where possible and ensure the final order is enforceable and clear 

If you have been served with a Protective Order, or you expect someone may file for one against you, it’s critical to get an experienced defense attorney like Andrea Kolski to defend your rights.  Andrea can help you: 

• Understand the allegations and what the law requires for an order to be granted 

• Gather evidence, witnesses, and documents that support your side of the story 

• Protect your rights during the hearing and prevent overbroad or unnecessary restrictions 

• Coordinate your defense with any related criminal case to avoid self incrimination while still defending yourself 

• Seek modification or termination of an existing order when circumstances change 

In every Protective Order case, timing is critical. The earlier you involve an experienced attorney, the more options you have. 

Choosing The Right Lawyer for Protective Order Matters 

Attorney Andrea Kolski and her team at NonstopJustice PLLC focuson criminal defense and related legal issues, including Protective Orders. That narrow focus means Andrea and her team spend every day in the world of criminal allegations, evidence, court procedures, and high conflict personal situations. 

Whether you are in danger and need the court’s help to stay safe, or you are facing a Protective Order that could tear your life apart, you want a lawyer who can move quickly, think strategically, and stand up for you in court. That is exactly why people have trusted Andrea Kolski for more than two decades to represent their interests in these highly sensitive matters. 

Experienced Legal Help is Just a Click Away 

If you or a loved one needs protection, or if you are facing a Protective Order that could change where you live, how you see your children, or your criminal record, Andrea Kolski and the team at NonstopJustice PLLC are ready to help. With Andrea M. Kolski by your side, you gain an advocate who knows Texas Protective Order law in depth and who is committed to protecting your rights, your safety, and your future. 

Contact us today to schedule an appointment.