Steady Guidance When Your Safety and Your Rights Are on the Line

Few situations feel more urgent than fearing for your safety, or finding yourself accused of harming someone you love. Whether you are trying to protect yourself and your children from family violence or you have been served with an order you believe is unjust, the stakes are deeply personal and the process can move quickly. At Suday Law, PLLC, our family law team meets these cases with both steadfast legal skill and the empathy your situation deserves. We take time to understand what you are facing, explain every option in plain language, and build a strategy that protects both your wellbeing and your future.

What Is a Protective Order in Texas?

A protective order is a court order intended to prevent future acts of family violence by legally limiting the contact one person can have with another. People often use the words protective order and restraining order interchangeably, but Texas law treats them differently. The most common option in family violence situations is a final protective order under Title 4 of the Texas Family Code, which can remain in effect for up to two years. Courts can also issue a temporary ex parte protective order when an application is first filed, and in urgent circumstances a judge may grant a Magistrate’s Order for Emergency Protection without the accused person present.

One key difference from a criminal case is the standard of proof. A petitioner does not have to prove their case beyond a reasonable doubt. Instead, the court looks at whether a preponderance of the evidence, meaning the greater weight of the evidence, shows that family violence occurred and is likely to occur again.

How Does Someone Get a Protective Order?

The process usually begins when an alleged victim files an application with the court describing the harm or threatened harm they experienced. After reviewing the allegations, a judge may grant a temporary order right away, sometimes before the other party has any chance to respond. That temporary order can stay in place for a limited time while the case is pending.

The court then sets a date for a final hearing, generally within fourteen days of the application. The person the order is sought against, known as the respondent, receives notice of that hearing and has the right to attend, present their side, and be represented by an attorney.

What Happens at a Protective Order Hearing?

At the hearing, both sides have the opportunity to tell their story to the judge. You can present evidence and witnesses, respond to questions, and challenge the claims being made. Because this hearing decides whether the order is granted and what restrictions it includes, preparation matters. Suday Law can help you gather documentation, organize testimony, and present a clear, persuasive case, whether you are asking the court for protection or working to show that an order is not warranted.

What Restrictions Can a Protective Order Include?

Every case is different, and the conditions a judge imposes depend on the facts. Under the Texas Family Code, a protective order may prohibit a person from doing any of the following:

• Committing further acts of family violence
• Communicating with the protected person in a threatening or harassing way, and in some cases communicating with them at all
• Going to or near the protected person’s home, workplace, or business
• Going near a child’s school, daycare, or residence
• Following, harassing, or otherwise engaging in conduct meant to alarm or intimidate the protected person
• Possessing a firearm
• Harming or threatening a pet or companion animal in the protected person’s care

A court can also order a person to complete a battering intervention and prevention program or to attend counseling with an approved provider.

How Long Does a Protective Order Last?

A final protective order in Texas can last for up to two years, though the exact duration depends on the circumstances of the case. Temporary and emergency orders cover shorter windows while the case moves toward a final hearing. Violating any protective order is a serious matter that can carry criminal consequences, which is one more reason to have knowledgeable counsel involved from the start.

Whether You Are Seeking Protection or Defending an Order, We Are Here

Suday Law represents clients on both sides of these cases. If you are a victim of family violence, dating violence, stalking, or abuse, we can help you petition the court and pursue the protection you and your family need. If you have been served with an application you believe is exaggerated or false, we will examine the evidence, hold the other side to their burden of proof, and stand up for your rights and your reputation.