Can You Fight a TX Protective Order for a Family Violence Charge?

 Posted on April 19, 2026 in Family & Domestic Violence

You can fight a protective order from a family violence allegation. A protective order is not a conviction, and served with one does not mean the outcome is already decided. You have the right to appear at a hearing, present your side of the story, and challenge the evidence against you. If you are in this situation in 2026, a Wise County, TX family violence defense lawyer can help you understand your options and stand up for your rights.

What Is a Protective Order and How Does It Work in Texas?

A protective order is a legal document issued by a court that restricts contact between two people. In Texas, a court can issue a temporary ex parte order, which means the order can be granted without your presence, based solely on the other person's statement. This temporary order stays in place until a full hearing is scheduled, usually within 14 days.

At that hearing, both sides have the chance to speak. The person who requested the order must show that family violence occurred and that it is likely to happen again. They must present enough evidence to convince the court that their version of events is more likely true than not.

You have the right to be there, bring witnesses, and challenge what is being said about you.

What Happens if You Do Not Show Up to a Protective Order Hearing in TX?

If you do not appear at the hearing, the court will almost certainly issue a final protective order without hearing your side at all. A final protective order in Texas can last up to two years, and in some cases longer. It can affect where you live, whether you can see your children, and where you can go. Missing that hearing is one of the biggest mistakes people make, often because they feel hopeless or do not know the hearing is their chance to fight back.

What Are Common Defenses Against a Protective Order in a Texas Family Violence Case?

Every situation is different, but there are several ways to challenge a protective order. Some of the most common include:

• The allegations are exaggerated, taken out of context, or completely false.

• There is no credible evidence beyond the other person's word.

• The incident described did not meet the legal definition of family violence under Texas Family Code § 71.004.

• Witnesses or evidence support a different version of events.

• The order is being used as a tactic in a divorce or child custody dispute.

Texas courts take family violence allegations seriously, but they also require proof. A well-prepared defense can make a significant difference in how the hearing goes.

Can a Protective Order Be Modified or Removed in Texas?

Even after a final order is issued, it is not always permanent. Under Texas Family Code § 87.001, either party can ask the court to modify or remove a protective order if circumstances have changed. This could apply if the allegations were later proven to be false, if the parties have reconciled and the protected person wants the order dropped, or if other facts have come to light that were not available at the original hearing.

It is worth knowing that the protected person cannot simply agree to ignore the order. The order remains legally enforceable until a court officially changes or removes it. Violating it, even if the other person says it is okay, can result in criminal charges.

What Should You Do Immediately After Being Served a Temporary Protective Order in TX?

If you have been served with a temporary protective order, act quickly. You likely have only days before your hearing. Start by writing down everything you remember about the incident and any relevant history between you and the other person. Gather any text messages, emails, photos, or other evidence that supports your account. Reach out to any witnesses who can speak to what actually happened.

Most importantly, do not contact the other person, even to try to resolve things. Any contact can be used against you and may result in additional charges. Instead, talk to an experienced attorney right away.

Schedule a Free Consultation With Our Decatur, TX Family Violence Defense Attorney

You deserve the chance to tell your side of the story, and having the right person in your corner can make all the difference. The Wise County, TX family violence defense lawyer at Godwin Law Firm, PLLC brings a perspective to this work that most attorneys cannot offer. As a former Traffic and Highway Patrol Trooper and a veteran, he understands how the legal system works from the inside, and he knows what it means to fight for something that matters. Call 940-255-0000 to schedule your free consultation and find out how to fight the charges and challenge the protective order.