Family Violence in Texas | Victim Rights & Protective Orders

Family violence allegations in Texas move fast—and they don’t stay in one courtroom.

A single accusation can trigger a criminal case, protective orders, and family court consequences at the same time. Once law enforcement is involved, decisions are made quickly, and the impact can be immediate.

At the Law Offices of Richard C. McConathy, we represent clients across Dallas–Fort Worth facing these allegations and understand how high the stakes are from the start. If you’re dealing with a case like this, speaking with a Dallas Domestic Violence Lawyer can help you understand your rights and what comes next.

This guide explains how Texas defines family violence, the protections available to alleged victims, and the legal consequences that can follow.

How Texas Defines Family Violence Under § 71.004

Texas Family Code § 71.004 defines family violence in broad terms. The definition reaches conduct that may not result in physical injury, including credible threats. Three categories qualify.

Acts Against a Family or Household Member

The first category is an act by a member of a family or household against another member that:

• Is intended to cause physical harm, bodily injury, assault, or sexual assault, or
• Is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault

Defensive measures used to protect oneself are excluded from the definition.

Abuse Toward a Child

The second category covers abuse by a family or household member toward a child of the family or household. The conduct may overlap with charges under Penal Code § 22.04 (injury to a child) and trigger CPS involvement.

Dating Violence

The third category is dating violence — violence committed by a person against another with whom they have or have had a continuing romantic or intimate relationship. Dating violence does not require cohabitation.

Who Counts as a “Family or Household Member”

The Family Code defines these terms broadly:

• Family includes individuals related by blood, marriage, or affinity; current and former spouses; biological parents of the same child; foster parents and foster children; and individuals related under § 162 of the Family Code (adoption).
• Household means a unit composed of people living together in the same dwelling, regardless of whether they are related.
• Household member includes a person who previously lived in a household.

These broad definitions reach roommates, exes, in-laws, parents of a shared child, and many other relationships beyond married couples.

Protective Orders Available to Victims

Texas has a layered system of protective orders. Each type addresses a different stage of risk.

Magistrate’s Order of Emergency Protection

Issued at the time of a family violence arrest, an Emergency Protection Order (EPO) requires no separate filing by the victim. It is automatically considered after arrests for family violence, certain stalking offenses, and trafficking. An EPO typically lasts 31 to 91 days and may prohibit contact, communication, going near the home or workplace, and possessing firearms.

Temporary Ex Parte Protective Order

A victim can apply directly to a civil court for a Temporary Ex Parte Protective Order. The court can grant it without notice to the respondent if the application shows a clear and present danger of family violence. It generally lasts up to 20 days and can be extended.

Final Protective Order

After a hearing on notice, a court can issue a Final Protective Order lasting up to two years, or longer in cases involving serious bodily injury, sexual assault, or repeat offenders. Final orders may impose all the restrictions of a temporary order plus payment of support, payment of attorney fees, and counseling requirements.

If you need a protective order or are facing one in North Texas, contact our Dallas Domestic Violenec Lawyer  to discuss your options.

How to Obtain a Protective Order in Texas

The application process for a civil protective order generally involves:

1. Filing an application in the county where the victim resides or where the violence occurred — usually through a county or district attorney’s office or with the help of an attorney.
2. Stating the relationship between the parties to qualify under § 71.0021 (dating relationship), § 71.003 (family), or § 71.005 (household).
3. Describing the violence with specific incidents, dates, and any documentation.
4. Requesting relief — restraining contact, exclusive use of a residence, custody and possession terms for children, and other protections.
5. Attending the hearing — the respondent has the right to notice and to be heard before a final order is entered.

Many counties offer free assistance through the district attorney’s protective order division. Private counsel can also navigate the process.

What a Protective Order Can and Cannot Do

A Texas protective order can:

• Prohibit contact, calls, texts, and third-party messages
• Prohibit going to the protected person’s home, workplace, or school
• Order the respondent to leave a shared residence
• Award temporary custody or visitation in some cases
• Order child support, spousal support, or attorney’s fees
• Prohibit possession of firearms (state law and federal law)

A protective order cannot guarantee safety. Violations are common, which is why a safety plan should accompany any order. Violating a protective order is itself a separate crime under Texas Penal Code § 25.07.

How Family Violence Cases Move Through the Courts

A single incident can create three parallel proceedings.

The Criminal Case

A family violence arrest leads to a criminal charge — most often assault under Penal Code § 22.01 with a family-violence allegation. Penalties scale up based on prior history and conduct, ranging from Class A misdemeanors to first-degree felonies for repeat or serious offenders.

The Civil Protective Order Case

The civil protective order case proceeds independently and uses a lower burden of proof (preponderance of the evidence). A protective order can be granted even when the criminal case is dismissed.

Family Court (Custody and Divorce)

Family violence findings can heavily influence divorce, custody, and possession orders. Texas Family Code § 153.004 requires courts to consider any history of family violence when making custody decisions.

Lifelong Consequences of an Affirmative Finding

Texas attaches significant consequences to an “affirmative finding of family violence.” Once entered, the finding:

• Cannot be sealed by an order of nondisclosure (the offense is permanently ineligible)
• Triggers federal firearm prohibitions under 18 U.S.C. § 922(g)(9)
• Can be used to enhance future charges to felonies
• Affects custody and conservatorship rights
• Can lead to deportation and immigration consequences
• May appear on professional license background checks

These consequences make the family-violence allegation as important as the underlying assault charge itself.

Safety Planning and Evidence Preservation for Victims

If you are experiencing family violence, plan for safety while you pursue legal remedies:

• Identify a safe place to go in case the situation escalates.
• Pack an emergency bag with identification, medications, copies of important documents, and basic clothing.
• Document incidents with photos, dates, and witnesses; keep records in a place the abuser cannot access (a trusted friend’s home, secure cloud storage).
• Tell trusted people who can corroborate events.
• Save communications — texts, voicemails, emails — and back them up.
• Contact local resources such as the Genesis Women’s Shelter (Dallas), SafeHaven (Tarrant County), and Hope’s Door (Plano).
• Consider an out-of-county filing if the abuser frequents specific courthouses.

A defense attorney working on the protective order can help organize this documentation for the court.

Rights of Those Accused of Family Violence

A family violence allegation, particularly one made during a divorce or custody dispute, can be life-altering. Accused individuals retain important rights, including:

• The right to remain silent during a police investigation
• The right to confront witnesses at the protective order hearing
• The right to legal counsel
• The right to a jury trial in the criminal case
• The right to challenge the evidence at every step

Because an affirmative finding cannot be sealed, the strongest defense work happens before the case is resolved. A short consultation with a defense attorney before responding to law enforcement can prevent decades of consequences.

Why You Should Speak With a Texas Attorney

Family violence cases move quickly and often produce permanent consequences. Whether you are seeking protection or facing an allegation, the legal stakes — custody of your children, your firearm rights, your professional license, and your liberty — are enormous.

Our attorneys at the Law Offices of Richard C. McConathy bring more than 35 years of criminal defense experience in North Texas. We represent clients across Dallas, Tarrant, Denton, Collin, and surrounding counties in protective order proceedings and the criminal cases that often follow.

Contact our Criminal Defense Lawyer for a confidential consultation.

Frequently Asked Questions

Can I drop the charges in a family violence case? Once an arrest is made, the State decides whether to prosecute, not the alleged victim. Prosecutors may continue the case even when the victim asks them to drop it, especially in cases with photographs, 911 audio, or prior history.

How long does a protective order last in Texas? A Magistrate’s Order of Emergency Protection lasts 31 to 91 days. A Temporary Ex Parte Order lasts up to 20 days. A Final Protective Order generally lasts up to two years, or longer in serious cases.

What if my partner violates the protective order? Violation is a separate offense under Penal Code § 25.07 — generally a Class A misdemeanor, with felony enhancements for repeat offenses or violations involving violence. Document the violation and contact law enforcement.

Can I keep my firearms if a protective order is issued against me? Generally no. Both Texas state law and federal law (18 U.S.C. § 922(g)(8) and (9)) prohibit possessing firearms while subject to a qualifying protective order or after an affirmative finding of family violence.

Can a family violence case be sealed in Texas? A criminal case with an affirmative finding of family violence is permanently ineligible for an order of nondisclosure. Dismissals and not-guilty verdicts may still be eligible for expunction.