If you have been served with a protective order in a Texas domestic violence case, the consequences go well beyond being told to stay away from a specific person. A protective order can remove you from your home, restrict your contact with your children, cost you your job, end your right to own a firearm, and stay on your record for years.
As a former prosecutor, Lisa Shapiro Strauss has handled domestic violence cases from both sides. She knows exactly how these orders are issued, what they require, and how to challenge them or request modifications to them. This guide explains what to expect when a protective order is entered against you in Texas.
What Is a Protective Order in Texas?
A protective order is a civil court order issued to protect a person from family violence, stalking, sexual assault, or human trafficking. It directs the person named in the order (the respondent) to stop certain behaviors, stay away from certain people and places, and comply with a range of other conditions.
Protective orders are governed by the Texas Family Code. They are civil orders, not criminal convictions. However, violating a protective order is a separate criminal offense — and the penalties for violations escalated significantly under 2025 Texas law.
Types of Protective Orders in Texas
There are three types of protective orders in Texas: a Magistrate’s Order of Emergency Protection (MOEP) issued immediately after arrest, a temporary ex parte order issued by a civil court without you present, and a final protective order issued after a full hearing. They differ in how long they last, how they are obtained, and what they require of you. For a full breakdown of each type, durations, and what you can and cannot do under each, see our complete guide to no-contact orders in Houston.
How a Protective Order Changes Your Daily Life
The conditions of a protective order can reach into almost every aspect of your life. The order may prohibit you from contacting or coming near the protected person, their home, workplace, school, or children. Beyond those basics, here is what a protective order can mean for you day to day. See also: bond conditions after a domestic violence arrest in Texas.
You May Be Removed from Your Home
Even if you own the property or are on the lease, a protective order can require you to vacate immediately. You may not be able to return to retrieve personal belongings without a law enforcement escort. For help understanding your options, read: can I return home after a domestic violence charge in Texas?
You Will Lose Your Right to Own a Firearm
Under federal law (18 U.S.C. § 922(g)(8)), it is a federal crime to possess a firearm while subject to a qualifying protective order. This applies even if the underlying domestic violence charge is only a misdemeanor and even if you have not been convicted of anything. The prohibition is in effect for the duration of the order. Read more about how a family violence protective order affects firearm possession rights in Texas.
It Can Affect Child Custody
A protective order can establish or restrict your possession and access to children. It can require all contact with your children to be supervised. Under 2025 Texas law (SB 1559), the protective order will now transfer directly into any related divorce or custody proceeding, meaning the family court judge will have full access to its terms and any violations. Read more about how a domestic violence conviction affects child custody in Texas.
It Can Affect Your Employment
A protective order can appear on background checks and affect your ability to keep or find a job, particularly in roles involving children, healthcare, education, security, or government. Read more about how a domestic violence charge affects employment in Texas.
It Can Affect Your Immigration Status
If you are not a U.S. citizen, a protective order and any underlying domestic violence charge can have serious immigration consequences, including deportation proceedings and bars to re-entry. Read more about how a domestic violence charge affects immigration status in Texas.
It Restricts Your Financial Transactions
A protective order may prohibit you from transferring, disposing of, or hiding property, including property you own jointly with the protected person. This can affect your ability to sell assets, move money, or manage finances during a separation or divorce.
You May Be Ordered to Pay Support
A protective order can require you to pay child or spousal support if you already have a legal duty to support that person. The obligation generally runs with the order, and it is separate from any support obligation that may arise in a divorce or custody proceeding.
You May Be Required to Attend Counseling
The court may order you to attend a Battering Intervention and Prevention Program (BIPP), anger management counseling, or other court-ordered programs as a condition of the protective order.
2025 Updates: What Changed Under New Texas Law
HB 2073: Tougher Penalties for Violations (eff. September 1, 2025)
Violations of protective orders now carry significantly higher penalties than before. The updated structure under Texas Penal Code §25.07 is:
- Standard violation: Class A misdemeanor — up to 1 year in county jail, fine up to $4,000
- Violation while possessing a deadly weapon: State jail felony — 180 days to 2 years in state jail (new as of Sept. 1, 2025)
- Violation involving assault or stalking, or a violation after two or more prior convictions: Third degree felony — 2 to 10 years in prison, fine up to $10,000
- Two or more violations within 12 months: Third degree felony — 2 to 10 years in prison, charged separately under §25.072
- Two or more violations within 12 months, one involving a deadly weapon: Second degree felony — 2 to 20 years in prison (new as of Sept. 1, 2025)
You do not have to use the weapon; possessing one during a violation is enough.
SB 1559: Protective Orders Now Transfer into Divorce and Custody Cases (eff. September 1, 2025)
Before this law, protective orders and family court cases were handled separately. Under SB 1559, a protective order must now be transferred directly into any related divorce or custody proceeding. The family court judge will receive the full order — its conditions, duration, and any violations — from day one. Read more about family violence charges and divorce in Texas.
SB 1120: Extended Duration in Divorce and Custody Cases
Protective orders in divorce cases now remain in effect until two years after the final divorce decree is signed. In custody cases, they last until two years after the final custody order. This means a protective order issued early in a contested divorce could remain active for three years or more.
What Happens If You Violate a Protective Order
Never violate the terms of a protective order, no matter how unfair or unnecessary you believe it to be.
Violating any condition is a separate criminal offense under Texas Penal Code §25.07. You will be arrested and your original bond will be revoked. The penalty tiers, including the new 2025 felony escalations, are covered in the 2025 Updates section above.
For a detailed explanation of what counts as a violation, including accidental contact, third-party messages, social media, and what to do if they contact you first, see our full guide to protective order violations in Texas.
See also: no-contact orders in Houston: rules and how to lift one.
Can a Protective Order Be Challenged or Lifted?
Yes. A protective order can be challenged. You have three main options:
- Contest it at a hearing: Challenge the evidence used to obtain the order, including inconsistencies in the applicant’s account and procedural errors
- Request a modification: Ask the court to change specific conditions that are overly restrictive
- Move to lift the order: If circumstances have changed since the order was issued
The outcome of your underlying criminal case also directly affects the protective order. Read more about how to convince a prosecutor to drop charges in Harris County.
Lisa Shapiro Strauss has successfully challenged protective orders in Houston. A protective order is not necessarily permanent.
Frequently Asked Questions About Domestic Violence Charges
Speak With a Former Prosecutor About Your Protective Order
While keeping families safe from domestic violence should be of the utmost priority, protective orders can also be issued unfairly and even under false pretenses. That being said, you should never violate the terms of a protective order, no matter how unfair or unnecessary you think they may be. Violating a protective order can result in your arrest, fines and even jail time.
In this situation, your smartest move is to speak with an experienced Houston protective order attorney. Lisa Shapiro Strauss is a former prosecutor turned criminal defense attorney who is dedicated to protecting the rights of her clients when accused of domestic violence.
There are many legal strategies we can employ to either get the order lifted or change some of its terms. Contact the law offices of Houston family violence attorney Lisa Shapiro Strauss to schedule a free consultation to discuss the details of your protective order.
Protective orders are powerful court orders with wide-reaching consequences. You should not navigate one without an attorney. Lisa Shapiro Strauss is a former prosecutor and Houston criminal defense attorney who has handled domestic violence cases from both the prosecution and defense sides. She understands how these orders are obtained and how to challenge them.
There are strategies available to contest an order, modify its terms, and protect your rights throughout the process. Contact Lisa Shapiro Strauss today for a confidential consultation.
Served with a protective order in Houston?
Know your rights before the order controls your life.
Former prosecutor Lisa Shapiro Strauss has challenged protective orders and defended clients against the consequences they trigger. Free consultation.
