When a protective order is issued based on claims of family violence, the consequences can be immediate and life-changing. As Dallas divorce attorneys, we know how damaging these accusations can be—not just to your reputation but also to your parental rights, your ability to stay in your home, and your defense in a divorce or custody dispute.
Protective orders in Texas carry serious legal weight, and defending yourself requires a strategic, informed response grounded in Texas law. If you’re facing a protective order tied to allegations of family violence, you’re not alone. We help people stand against false or exaggerated claims in family courts throughout Dallas and beyond.
In Texas, protective orders related to family violence are often used during or before divorce and custody proceedings. We’ve seen how quickly these cases move through court, which is why we act fast to protect your rights and fight back against unsupported claims.
What Texas Law Says About Family Violence And Protective Orders
Under Texas Family Code § 71.004, family violence is defined as an act by a current or former family or household member intended to cause physical harm, bodily injury, assault, or a threat that places the victim in fear of imminent harm. It also includes dating violence. Courts take these allegations seriously, and if a judge believes there is a clear and present danger, a Temporary Ex Parte Protective Order can be issued without notice to the accused.
Once issued, a temporary order usually restricts contact with the other party, sometimes prevents access to the family home, and often limits communication with and access to children. Within 20 days, the court will typically schedule a hearing to determine whether to issue a Final Protective Order under Texas Family Code § 85.001. At that hearing, the accused has a right to present evidence, question witnesses, and generally show to the Court why the protective order should not be granted.
The Legal Consequences Of A Final Protective Order
If a final protective order is granted, the restrictions can last up to two years, or longer under the specific conditions listed in Texas Family Code § 85.025. Violating the order is itself a criminal offense that can result in jail time if convicted. A protective order can also affect your ability to own firearms under Texas Penal Code § 46.04 and influence decisions in a divorce or custody dispute under Texas Family Code § 153.004. In short, the Court can treat you as a danger to your children even if criminal charges are never filed.
That’s why it is important to do everything possible to prevent final protective orders from being issued when the facts don’t support them. We review a client’s entire case—including text messages, medical records, police reports, and witness statements—to uncover inconsistencies or motives for false accusations. If necessary, we bring in mental health professionals or other professional witnesses to refute the claims.
How We Defend Against Protective Orders In Divorce And Custody Cases
In divorce cases, the stakes are especially high concerning protective orders. Allegations of abuse can significantly influence the court’s decisions about custody, support, and property division. We often see protective orders filed in tandem with divorce petitions, especially in high-conflict custody situations. Courts may be quick to err on the side of caution for children, which makes a strong defense essential.
Our approach involves building a timeline, gathering evidence that contradicts the claim, and highlighting any pattern of manipulation or strategic use of court filings. We often emphasize the constitutional right to due process and push back when opposing parties attempt to abuse or short-circuit the system. We work to ensure the record reflects the truth because courts do not tend to look kindly on false accusations.
Why Timing And Legal Representation Matter
If you’ve been served with a temporary protective order, do not delay. You have a limited window to respond before the hearing is scheduled. While this is not a criminal matter, anything you say to the other party—even a text—can be used against you. You should not attempt to handle this alone or “just show up and explain yourself to the judge.” The consequences are too serious, and the legal process is too fast-moving.
We work quickly to get in front of the judge, present your side of the story, and keep the temporary protective order from becoming permanent. Protecting your rights starts with a strong legal response grounded in the facts and in Texas law.
Frequently Asked Questions About Defending Against Family Violence Protective Orders In Texas
What Is Considered Family Violence Under Texas Law?
Family violence is defined in Texas Family Code § 71.004 as any act by a current or former family or household member intended to result in physical harm, bodily injury, or assault. It also includes threats that reasonably place the relevant person in fear of imminent harm. Importantly, the statute covers not only spouses and children but also former partners, persons with whom one was in a dating relationship, and other household members and relatives of former dating or sexual partners.
Can A Protective Order Be Issued Without A Hearing?
Yes. Under Texas Family Code § 83.001, courts can issue a Temporary Ex Parte Protective Order without the accused being present if the judge believes there is a clear and present danger. However, a hearing will be scheduled within 20 days thereafter to determine whether a Final Protective Order should be granted. That hearing gives you a chance to present your defense.
How Long Does A Final Protective Order Last In Texas?
A final protective order typically lasts up to two years, but under Texas Family Code § 85.025, it may be extended in cases involving serious physical harm or repeated violations of a protective order. Orders can also be extended if the court finds a likelihood of future violence. The accused may later ask the court to terminate the order early under certain conditions.
Can I Lose Custody Of My Children If A Protective Order Is Granted Against Me?
Yes. Under Texas Family Code § 153.004, a court may restrict or deny access to your children if there is evidence of family violence. Even unproven allegations can influence the court’s view, especially in custody cases. That’s why defending against these accusations is so critical, because the outcome may affect your parental rights long after the divorce is finalized.
What Happens If I Violate A Protective Order?
Violating a protective order in Texas is a criminal offense under Texas Penal Code § 25.07. You could face jail time, fines, and additional charges. Even unintentional contact—such as a text, social media message, or inadvertently going near someone in a grocery store—can be considered a violation. That’s why it’s essential to follow the order exactly and work with your attorney to get it lifted or modified legally.
Are Protective Orders Ever Misused In Divorce Cases?
Unfortunately, yes. Some parties use protective orders as a legal strategy to gain the upper hand in custody disputes or to force the other spouse out of the home. Courts are aware of this possibility, which is why we present the strongest evidence available when defending our clients. We focus on the truth and hold the accuser accountable when the facts do not support their large claims.
Do I Need A Lawyer To Fight A Protective Order?
Absolutely. The hearing on a protective order moves quickly, and the legal standard for issuing an order is far lower than in a criminal case. If you don’t respond properly, you risk losing your rights before you’ve even had a full chance to defend yourself. A skilled family law attorney can mean the difference between dismissal and long-term consequences.
Call Us Today If You’re Facing Family Violence Allegations In Dallas
At Orsinger, Nelson, Downing & Anderson, we understand what’s at stake when you’re accused of family violence. We take immediate steps to protect your rights, your reputation, and your relationship with your children. With offices in Dallas, Frisco, and San Antonio, we are ready to help you defend against protective orders and protect your future.
Contact our Dallas divorce attorneys at Orsinger, Nelson, Downing & Anderson by calling (214) 273-2400 to schedule a consultation.