Assault and violent charges
Dallas protective order lawyer.
If you were served with a protective order, a hearing is usually set within two weeks, and what happens there can keep you out of your home, away from your children and without your guns for two years or longer. Obey the temporary order today, even if what it says is not true, and do not go to the hearing unprepared. Anything you say under oath can also be used in a criminal case, so the two have to be handled together. We read the application, prepare your side and stand with you at the hearing, in English or Spanish.
Right now
If you were just served.
- 01
Find the hearing date today
The papers include the application, often a temporary order and a notice of hearing. Put the date, time and courtroom in your phone. If you miss the hearing, the judge can grant the full order without hearing from you.
- 02
Obey the temporary order now
Stay away from the people and places listed and leave the home if the order says so. No calls, texts, social media or messages through friends, even if the other person contacts you first. A violation is a new arrest.
- 03
Do not write or post your side
A letter to the judge, a post or a message explaining what happened can be used against you in the hearing and in any criminal case. Save your side for your lawyer.
- 04
Collect your evidence
Texts, call logs, emails, photos, proof of where you were on the dates listed, and the names of people who saw what happened. Do not delete anything, even messages that look bad.
- 05
Ask before you handle a firearm
The order may bar you from having guns. Do not hand them to someone on your own. We tell you the legal way to store or surrender them.
- 06
Call us before the hearing, not the morning of
If you were served less than 48 hours before the hearing, you can ask for more time. Either way, preparation takes days. The consultation is free and we answer 24/7.
Key deadlines and numbers
- Hearing on the application
- Usually set within 14 days of filingSource: Tex. Family Code 84.001
- Temporary ex parte order
- Up to 20 days, and it can be extendedSource: Tex. Family Code 83.002
- Final protective order
- Up to 2 years, longer in some casesSource: Tex. Family Code 85.025
- Emergency order issued at the jail
- 31 to 61 days, or 61 to 91 with a weapon or serious injurySource: Tex. Code Crim. Proc. 17.292
- Violating any of these orders
- A crime: Class A, or a felony in some casesSource: Tex. Penal Code 25.07
Texas law
How protective orders work in Texas.
A protective order is a civil court order, but breaking it is a crime. To grant a final order, the judge has to find that family violence happened and is likely to happen again. Some orders start at the jail after an arrest; others start when someone files an application in family or district court.
| Order or offense | How long or how serious | Notes |
|---|---|---|
| Magistrate's order for emergency protection | 31 to 61 days; 61 to 91 days with a weapon or serious injury | Issued at the jail after a family violence, stalking or sexual assault arrest. Can order no contact and bar guns. |
| Temporary ex parte order | Up to 20 days, can be extended | Signed without you present, based on the applicant's sworn statement. Can remove you from the home. |
| Final protective order | Up to 2 years; longer with a felony-level act, serious injury or two prior orders | Granted after a hearing or by agreement. Can cover the home, children, counseling and guns. |
| Violating a protective order or emergency order | Class A misdemeanor: up to 1 year and $4,000 | Third degree felony (2 to 10 years) with two prior violations or if the violation is an assault or stalking. |
| Having a gun while under a protective order | Class A misdemeanor under Texas law | For many orders it is also a federal felony with up to 15 years. |
What the judge has to find
A final order requires a finding that family violence occurred and is likely to occur in the future. The applicant has to prove it with evidence at the hearing, and you have the right to answer, bring witnesses and question theirs.
Source: Tex. Family Code 85.001The hearing and the criminal case overlap
If there is also a criminal charge, your testimony at the protective order hearing can be used by the prosecutor. Whether you testify, and about what, is a decision to make with a lawyer who sees both cases.
You can get more time if served late
If you were served less than 48 hours before the hearing, the law lets you ask to move it. Short notice should not mean no defense.
Source: Tex. Family Code 84.004Long orders can be reviewed
When an order lasts more than a year, you can ask the court after the first anniversary to decide whether there is still a continuing need for it.
Source: Tex. Family Code 85.025How we work
How we handle a protective order.
Mr. Estrada reads your file and sets the strategy. Our team works the details with him, and you get updates in English or Spanish.
01
Read the application line by line
We compare the sworn statement with the dates, messages, police reports and anything else on record. Inconsistencies are often where the hearing turns.
02
Build your side for the hearing
We organize your evidence, line up witnesses and prepare to question the applicant and their witnesses. If the timing is too short, we ask for a reset.
03
Protect the criminal case
When there is an arrest or an investigation, we plan the hearing with the criminal case in mind, including whether you should testify at all.
04
Negotiate terms when it makes sense
Sometimes an agreed order with narrower terms is better than the risk of a hearing: exchanges of the children through a third party, a shorter time, or a way to get your belongings. We explain what you give up before you agree.
05
Keep you on the right side of the order
If an order is granted, we go over exactly what it allows and forbids, help with child exchanges and property, and later ask the court to review or change it when the law allows.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“Olegario firm made me feel like I was at home. As soon as I walked in the receptionist was very kind and professional.”What a protective order can affect.
- Can a protective order affect my immigration case?
- Violating the part of an order that protects against violence or threats can make a non-citizen deportable, even without any other conviction. The order itself can also come up in immigration applications. Follow it carefully and tell us your status.
- What about my guns and my job?
- Many final orders make it a federal crime to have a firearm while the order lasts. For police officers, security guards, soldiers and anyone who carries for work, that can mean losing the job.
- What happens with my home and my children?
- An order can put you out of the home, set temporary rules for the children and require support. A protective order also weighs heavily in a later divorce or custody case.
- Will it show up on a background check?
- Protective orders go into a statewide law enforcement database, and some employers, landlords and licensing agencies can see them. A protective order is not a criminal conviction, but it is not invisible either.
Dallas and Odessa
Protective orders in Dallas County and Ector County.
In Dallas County, emergency orders are usually issued by the magistrate at Lew Sterrett jail after an arrest, while applications for longer orders are heard in the family district courts downtown. Many applications are filed by the district attorney's office on behalf of the applicant. In Odessa, applications go to the Ector County district courts. We tell you which court has your case, where to be and when.
FAQ
Questions people ask.
How long does a protective order last in Texas?
Emergency orders from the jail last 31 to 91 days, and temporary orders up to 20 days unless extended. A final order usually lasts up to two years, and it can be longer when the judge finds a felony-level act, serious injury or prior orders.
What if the other person contacts me?
The order binds you, not them. If you answer, you can be arrested, even if they started it. Do not respond, save the messages and tell us.
Can I go to the hearing without a lawyer?
You can, but the applicant often has a lawyer or a prosecutor on their side, and what you say can be used in a criminal case. A hearing that lasts an hour can shape the next two years of your life.
Can a protective order be dropped or changed?
The applicant can ask the court to dismiss it, but only the judge can end or change it. Until the judge signs a new order, the old one still applies.
Is a protective order the same as a criminal charge?
No. It is a civil order, and you can have one without being charged. But violating it is a crime, and the same events can lead to both a protective order and a criminal case.
How much does it cost to hire you?
The first consultation is free. We discuss the fee and payment options up front, before the hearing.
Related situations
- Assault and family violence
- Jail release, bond and warrants
- Immigration consequences of a charge
- Violent crimes
- Federal gun charges
- All: State Criminal Defense
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
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Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
Free consultation by phone, video, or in person. Offices in Dallas and Odessa.