Protective Orders Attorney in Houston, Texas

Find Help With Protective Orders in Houston, Texas

Texas Protective Orders

Allegations of family violence are all too common in divorces and custody disputes. If violence or the threat of violence is present in your family. Texas law provides several types of protective orders. This page focuses on the orders that arise in family violence cases. All types of protective orders have serious consequences on family law cases, as well as on the rights of the person against whom the protective order is issued.

What is a Texas protective order?

A protective order is a court order protecting a victim of family violence, and sometimes their minor children, from future violence or threatening contact. An application for a protective order is filed by a victim or their attorney. These orders can be enforced both as a separate criminal offense and through contempt of court. Violating a protective order is a crime in Texas, and a person who violates one can be arrested, prosecuted, and jailed.

Temporary Ex-Parte Order

A temporary ex-parte order, or an order granted before the other side has any say in the proceedings or is even served with the application, is granted without a hearing when there is clear and present danger of family violence to protect the applicant and/or any other member of the family or household, and goes into effect for up to 20 days. This order is designed to protect a victim until a hearing can be held regarding a final motion from the judge. The court can extend a temporary ex parte order for up to additional 20-day periods.These orders can include exclusion of the alleged perpetrator of the family violence from the shared residence of the applicant, if supported by required evidence presented with the application and requested by the applicant.

Magistrate’s Emergency Order

A magistrate’s order for emergency protection may be issued under the Code of Criminal Procedure when a person is arrested for family violence or a related crime. For orders issued on or after September 1, 2025, it lasts up to the 91st day after issuance, but no less than the 61st day after issuance, and up to the 121st day after issuance, but no less than the 91st day after issuance if a deadly weapon was involved or if the victim suffered serious bodily injury. It is designed to protect victims until a more permanent order can be put into place. If a magistrate’s order of emergency protection is desired, it should be requested by the victim through law enforcement or the county District Attorney’s office.

Final Protective Order

A final order is granted after a hearing in which the evidence shows that family violence has occurred.

How long does a final protective order last?

Most final protective orders last up to two years. Under Texas Family Code Section 85.025, there are five ways the length of an order can be set:

• Standard order. The order lasts for the period stated by the court, up to two years. If no period is stated, it lasts until the second anniversary of the date it was issued.
• Longer-term order. The court can issue an order that lasts more than two years, and in serious cases a much longer period, if it finds the person committed a felony act of family violence, caused serious bodily injury, or was the subject of two or more previous protective orders.
• Pending divorce (new in 2025). If the order is issued against a spouse in a pending divorce, it stays in effect until the second anniversary of the date the final divorce decree is signed by the judge.
• Pending custody case (new in 2025). If the order is issued against a party in a pending suit affecting the parent-child relationship, it stays in effect until the second anniversary of the date the final order in that case is signed.
• Family violence criminal case (new in 2025). If the order is issued against someone charged with a family violence crime, it stays in effect until the second anniversary of the final disposition of that criminal case.

Because the 2025 changes tie some orders to the end of a related case, an order can now last well beyond two years if that case takes a long time to finish. These rules apply to orders issued on or after September 1, 2025.

Who Qualifies for Protection in Houston?

You qualify for a protective order if you have been a victim of family violence. Family violence includes physical harm, bodily injury, assault, or sexual assault, as well as threats that reasonably place a family member, household member, or dating partner in fear of imminent harm. It also includes abuse of a child in the family or household. It does not include reasonable self-defense. If you have been a victim of any type of violence, contact an attorney today to see what protection is available to you.

Case in the 280th Family Protective Order Court?

If your case is in the 280th District Court, you need to have all your ducks in a row. The 280th is Harris County’s dedicated protective order court, and it is the only court in Texas that hears protective order cases exclusively. You can read more about the court’s presiding judge on our judges page. The court sits inside the Harris County Juvenile Justice Center at 1200 Congress Street in downtown Houston. Because this court handles family violence matters every day, we strongly recommend hiring an attorney who knows the court and focuses on this area of law.

Should I hire a Protective Order Attorney?

If you already have a divorce or custody case pending, you will have to file an application for a protective order as a stand-alone case similar to any other civil case, as the district attorney’s office will generally not be able to assist you if you are already represented by counsel. If you have any concerns about your safety or the safety of your children, we recommend hiring an attorney to protect your rights.

Should I Hire a Protective Order Lawyer if My Spouse Has Filed for a Protective Order in Texas Against Me?

If you are accused of family violence, it is critical that you hire an attorney to defend your interests. You can fight a motion for a protective order, but hiring an ineffective attorney, or attempting to resolve the issue yourself, could result in an order granted against you. The consequences of an order could limit access to your children and other long-term effects.

Even if family violence occurred, a protective order should not be automatically granted against you, as it is not needed if you were acting in self-defense during an argument or if family violence is unlikely to reoccur. Divorce and custody fights are extremely stressful times. If an incident has occurred in your family, make sure you speak to an experienced divorce attorney to protect your rights.

If you have, prior to September 1, 2023, successfully defended yourself against an application for a protective order, changes to the law in 2023 have made protective orders much easier for applicants to obtain. There is no longer a need to prove that family violence is likely to occur again in the future—and there have been instances of protective orders being granted recently for family violence that occurred 5, 10, or more years in the past! DO not take an application for a protective order filed against you lightly, regardless of your past experience!

What Are the Potential Consequences of Protective Orders in Texas?

If an order is issued against you, the consequences are serious and may include:

• You may have to pay all court costs and attorney’s fees incurred by the other party.
• You may have to pay spousal maintenance in the future.
• You may be denied access to your children or limited to restricted/supervised access.
• You may no longer be considered for joint managing conservatorship of your children.
• Any previous orders regarding your children can be changed to restrict your access.
• Exemption for the other party for mediation for other family law cases.
• If you are not a U.S. citizen, a related criminal conviction or a violation of the order can carry serious immigration consequences, including removal.
• You could face criminal charges.

**Important Tip**

Never agree to a protective order without first consulting with a competent attorney. Signing an agreement will not make your problems go away. Agreeing to a protective order filed by an opposing party will make your other family law issues significantly worse because you will have admitted to an act of family violence, and you will not be able to deny it later in court.

Help From an Expert Attorney

Texas protective orders should never be taken lightly. Be sure to hire a capable and experienced attorney if there is violence in your family, or you have been accused of violence. Looking for a “protective order lawyer near me”? The expert attorneys at Ramos Law Group, PLLC, can help you navigate difficult cases involving violence or violence accusations and reach the best possible outcome for your case. Contact Ramos Law Group today to schedule your consultation.

Frequently Asked Questions: Houston Protective Order Attorney

1) What is a protective order in Texas?

A protective order is a court order designed to protect a person or a member of that person’s household or family from family violence, threats, or certain types of harmful contact. In Houston family law cases, protective orders may also affect custody, visitation, communication, and access to the family home.

2) What types of protective orders are available in Texas?

Texas protective orders can include temporary ex parte orders, magistrate’s emergency protective orders, and final protective orders. Each type has a different purpose, duration, and procedure. Temporary ex parte orders are often used for immediate protection and are the shortest in duration, while final protective orders typically require a hearing and can last for years.

3) What is a temporary ex parte protective order?

A temporary ex parte order may be issued without the other party present when the court believes immediate protection is needed. It is intended to provide short-term safety until a hearing can be held.

4) What is a magistrate’s emergency protective order?

A magistrate’s emergency protective order is connected to an arrest involving family violence or related allegations. It may remain in effect for a limited period and is designed to provide immediate protection while the case moves forward.

5) What is a final protective order?

A final protective order is issued after a court hearing where evidence is presented. If the court finds that family violence occurred, the order can impose restrictions on contact, communication, residence access, and other conduct, potentially for many years.

6) Who can request a protective order in Houston?

A person may be eligible to request a protective order if they have experienced family violence, threats, or abuse from a family member, household member, or someone in a dating relationship. Eligibility depends on the facts and the relationship between the parties.

7) What happens in the 280th Family Protective Order Court?

The 280th Family Protective Order Court in Houston handles family violence protective order matters. Because these cases can move quickly and involve serious evidence and testimony, preparation and gathering of evidence quickly are especially important before appearing in court.

8) Should I hire a lawyer if I need a protective order?

Yes, legal guidance can be extremely helpful when safety, children, or related family law cases are involved. A lawyer can help prepare evidence, help exclude impermissible evidence, explain the hearing process, and pursue orders that address your situation clearly and effectively.

9) Should I hire a lawyer if someone filed a protective order against me?

Yes. Protective order allegations can affect custody, visitation, conservatorship, access to your home, firearm rights, immigration concerns, and related family law matters. You should understand the consequences and any defenses you may have before agreeing to anything or appearing without preparation.

10) Can a protective order affect child custody or visitation in Texas?

Yes. A protective order can affect parenting time, exchanges, communication, and whether visitation is restricted or supervised. In some cases, it can also affect conservatorship and future custody decisions.

11) How long does a protective order last in Texas?

Most final protective orders last up to two years. The court can order a longer period, and in serious cases a much longer one, if the person committed a felony act of family violence, caused serious bodily injury, or had two or more prior protective orders against them. As of September 1, 2025, an order can also be tied to a related case. If there is a pending divorce, custody case, or family violence criminal case, the order can stay in effect until the second anniversary of the date that related case is finalized. This means some orders now last well beyond two years.

In some cases, if the court determines, on the application of the protected person after at least one year from the protective order being issued, that there is a continuing need for protection, or that the person against whom the protective order was issued is confined or imprisoned on the date the protective order would expire or who was released less than one year prior to the expiration of the protective order, the court can extend the protective order longer than the original protective order indicated. Compliance wit the protective order is not, in and of itself, sufficient evidence that there is no ongoing need for protection!