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Protective Order Attorney in Texas — For Those Who Need Protection and Those Contesting an Order

A protective order is a court-issued legal document that carries real consequences. Violating one is a criminal offense in Texas, not a civil matter. Whether you need a protective order to keep yourself or your children safe, or you have been served with one and believe the allegations are inaccurate, I can help you understand your rights and what comes next.

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Who This Page Is For

Protective order cases come to me from two very different directions, and both deserve straightforward legal guidance.

 

If you are in danger, you may not know how fast the courts can act or whether a protective order will actually make a difference. The answer is that Texas law allows emergency protection to be put in place quickly, and a violation of that order becomes a criminal charge immediately.

 

If you have been served with a protective order, you may be facing restrictions on where you can go, who you can contact, and how you can see your children, all based on allegations you dispute. A protective order hearing is a judicial proceeding. You have the right to appear, present evidence, and contest what has been filed against you.

 

Both situations require an attorney who understands the stakes and knows how to move.

The Three Types of Protective Orders in Texas

Texas law provides three distinct types of protective orders, each with its own timeline and procedure. Understanding which applies to your situation is the first step.

 

  • Emergency Protective Order (EPO): Issued automatically by a magistrate at the time of a family violence arrest, without a hearing. It takes effect immediately and typically lasts between 31 and 91 days. No court appearance is required to obtain one — it is issued by operation of law when an arrest occurs.
  • Temporary Ex Parte Protective Order: Issued by a judge based on a written application, without the other party present. A judge can grant this order the same day the application is filed if the facts support it. It remains in effect for up to 20 days and can be extended while a final hearing is scheduled.
  • Final Protective Order: Issued after a full court hearing where both parties have the opportunity to appear and present their case. A final protective order in a family violence case can last up to two years, and in cases involving serious bodily injury or sexual assault, it can be permanent.

 

Each type of order prohibits specific conduct — contact, proximity, communication, and in many cases, possession of firearms. A violation of any protective order in Texas is a criminal offense, which means the legal consequences extend well beyond the family court.

For relatives living outside the United States


After USCIS approves the initial petition, the case transfers to the National Visa Center and then to a U.S. embassy or consulate in the applicant's home country. Your relative attends an interview abroad and, if approved, enters the United States as a lawful permanent resident. I prepare families for what the consular interview involves and what documents are required.


The right path depends on your family member's specific situation, including whether they entered the U.S. lawfully, whether they have any prior immigration violations, and whether any bars to admissibility apply.

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Consular Processing

If You Are Seeking Protection

You do not have to wait for something worse to happen before the courts will act. Texas courts take family violence seriously, and the process for obtaining a protective order is designed to move quickly when the circumstances call for it.

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What the Process Looks Like

You do not have to wait for something worse to happen before the courts will act. Texas courts take family violence seriously, and the process for obtaining a protective order is designed to move quickly when the circumstances call for it.

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If You Are an Immigrant Victim of Domestic Violence

Fear about immigration status is one of the most common reasons immigrant victims of domestic violence do not seek help. If your abuser has threatened to report you to immigration authorities, or if you are afraid that going to court will put your status at risk, I want you to know that federal law was written with your situation in mind.

 

The Violence Against Women Act provides immigration relief specifically for victims of domestic violence, regardless of current immigration status. VAWA allows certain immigrant victims to self-petition for lawful status without the cooperation or knowledge of their abuser. Because I practice both family law and immigration law, I can address the protective order and the immigration case at the same time, in the same representation. You do not have to choose between your safety and your status.

If You Have Been Served With a Protective Order

Being served with a protective order does not mean the allegations against you are proven or that the order is final. Texas law gives you the right to appear at the final protective order hearing, present your own evidence, cross-examine the petitioner, and challenge the legal basis for the order. I take that right seriously.

 

False or exaggerated allegations do occur in protective order proceedings, particularly in cases that intersect with divorce or child custody disputes. If you believe the application against you is based on inaccurate information, the hearing is your opportunity to respond. I will prepare your defense, gather evidence that contradicts the allegations, and represent you before the judge.

 

There is also a criminal dimension to be aware of. A family violence finding — even in a civil protective order proceeding, without a criminal conviction — can carry immigration consequences for non-citizens and can affect your rights under federal firearms law. If you are not a U.S. citizen and you have been served with a protective order, your immigration status is part of this case, and you need an attorney who understands both sides of that equation.

Why Clients in Texas Choose My Firm

  • How quickly can a protective order be put in place in Texas?

    A temporary ex parte protective order can be issued the same day you file the application if the judge finds sufficient cause. You do not need to notify the other party before this order is granted. An emergency protective order is issued at the time of a family violence arrest, so it takes effect immediately without any application from the victim.

  • Does a protective order mean the other person will be arrested?

    Not automatically. A protective order sets legal boundaries on the other person's conduct. If they violate those boundaries — by contacting you, approaching your home or workplace, or otherwise ignoring the terms of the order — that violation is a criminal offense and can result in arrest and prosecution.

  • Will seeking a protective order affect my immigration status?

    Seeking a protective order does not negatively affect your immigration status. In fact, federal law under VAWA provides specific immigration protections for victims of domestic violence. In some cases, pursuing a protective order can actually support an immigration case rather than harm it. I can evaluate your specific situation and advise you on both the family law and immigration dimensions.

  • Can I contest a protective order that was filed against me?

    Yes. A final protective order requires a court hearing, and you have the right to appear, present evidence, and challenge the allegations. The temporary order issued before the hearing is not a final ruling. If you have been served, contacting an attorney as soon as possible gives you the best opportunity to prepare a complete defense before the hearing date.

  • What happens if a protective order is violated in Texas?

    A violation of a protective order in Texas is a criminal offense. Depending on the circumstances and any prior violations, it can be charged as a Class A misdemeanor or a third-degree felony. A conviction carries potential jail or prison time, fines, and, for non-citizens, serious immigration consequences including removal.
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Ready to Take the Next Step?

I have been practicing law for 14 years. My practice covers family law, immigration, and criminal defense — which means I understand how a protective order case can ripple across all three areas simultaneously. That is not a common combination, and it matters in cases like these.

 

I practice in English and Spanish, and I work with clients throughout Texas. For immigrant clients navigating the intersection of family violence and immigration law, the ability to handle both in one representation is a practical advantage that most attorneys cannot offer.

 

I do not take cases I cannot handle well, and I do not file paperwork for its own sake. When I take your case, I am committed to pursuing the outcome that actually serves your situation.

 

Whether you need protection or you are contesting an order that has been filed against you, the most important thing you can do right now is speak with an attorney who understands the full picture. I represent clients in Corpus Christi, Houston, San Antonio, Dallas, and throughout Texas. Contact my office today and tell me what is happening. We will figure out the right path forward together.

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