What Conroe and Montgomery County Residents Need to Know When a Protective Order Is Filed Against Them
A criminal protective order in Texas doesn't wait for a conviction. It can be issued at the beginning of a criminal case, sometimes within hours of an arrest, and it can restrict where you live, who you can contact, and how you go about your daily life while the case works its way through the court system. For people who don't fully understand what they're dealing with, the consequences of violating a protective order can be severe, sometimes more severe than the original charge.
When a protective order has been filed against you in Montgomery County or anywhere in the Houston area, you need an experienced Conroe criminal defense attorney who understands how these orders work, how they affect your case, and what options are available to challenge or modify them. The Webb Firm, P.C., has defended clients against criminal charges and protective order violations throughout this region, and attorney Amanda Webb knows how high the stakes are when one of these orders intersects with an ongoing criminal case.
How Texas Issues Criminal Protective Orders Before a Conviction
Texas has several types of protective orders, and they operate differently depending on the context in which they're issued. A criminal protective order, sometimes called a magistrate's order for emergency protection (MOEP), is issued as part of a criminal proceeding rather than a separate civil proceeding. These orders are most commonly issued in cases involving family violence, assault, sexual assault, and stalking.
Under Texas Code of Criminal Procedure Article 17.292, a magistrate who conducts a bail hearing following an arrest for family violence, sexual assault, or stalking is required to issue a magistrate's order for emergency protection in many circumstances, even if the alleged victim hasn't requested one and even if the defendant hasn't yet been convicted of anything. The order issues automatically in cases involving serious bodily injury or the use of a deadly weapon.
These orders typically remain in effect between 31 and 91 days, though a court can extend them, and they are separate from any protective order the alleged victim might seek through civil proceedings.
The Restrictions a Protective Order Typically Imposes
The specific terms of a criminal protective order vary by case, but they commonly include:
- No Contact Provisions: Prohibiting any communication with the alleged victim, directly or through a third party, including by phone, text, email, or social media
- Stay-Away Requirements: Prohibiting the defendant from going near the alleged victim's home, workplace, school, or other locations they frequent
- Removal From a Shared Residence: Requiring the defendant to vacate a shared home, even if they are on the lease or own the property
- Surrender of Firearms: Under both Texas law and federal law, a person subject to a domestic violence protective order is generally prohibited from possessing firearms, and violations of this restriction carry their own serious criminal consequences
- Child Contact Restrictions: In cases involving a shared residence with children, the order may restrict or eliminate contact with the children as well, creating an immediate impact on custody and visitation that can outlast the criminal case itself
Understanding exactly what a protective order says and what it prohibits is critical, because violations are taken extremely seriously by Texas courts.
Violating a Protective Order Is Its Own Criminal Offense
Violating a criminal protective order in Texas is itself a criminal offense under Texas Penal Code Section 25.07. A first violation is typically a Class A misdemeanor, carrying up to one year in county jail and a fine of up to $4,000. If the violation involves assault or stalking, or if the person has been convicted of violating a protective order before, the charge escalates to a third-degree felony, carrying two to ten years in prison.
This means that a person who is already facing criminal charges can find themselves stacking an additional criminal case on top of the original one simply by sending a text message, driving past a certain address, or attempting to retrieve belongings from a shared home. These violations happen with surprising frequency, often because the defendant doesn't fully understand the scope of the order or because they believe a brief, benign contact won't matter. Texas courts do not take that view.
The Ripple Effects on Your Underlying Criminal Case
If you're facing assault charges, domestic violence charges, or other criminal charges in Montgomery County, the existence of a protective order affects your case in several important ways beyond simply restricting your movements.
The order is a signal that the alleged victim has been designated as a protected party by the court, which can influence how prosecutors approach the case, how they assess the alleged victim's cooperation, and what plea offers they're willing to make. A defendant who violates a protective order during the pendency of a case often finds that prosecutors become considerably less flexible and that the violation itself gets raised at bail hearings and sentencing.
A protective order can also complicate expungement or non-disclosure options down the road. While the criminal charge itself may be resolved in a way that allows expungement, the history of a protective order and any violations can affect the relief available after the case closes.
Can a Protective Order Be Challenged or Modified?
Yes, in some circumstances. The procedures for modifying or terminating a criminal protective order are specific and require court involvement, but they exist, and an attorney who understands how to navigate the system in Montgomery County can pursue modification when the circumstances support it.
Common grounds for modification include situations where the alleged victim and the defendant share children and need to have some form of communication about custody or visitation, where the no-contact provision is creating hardship that the court can address without compromising the order's protective purpose, or where the factual basis for the order is disputed, and the defendant wants the opportunity to present their side.
An alleged victim can also seek to modify or terminate a protective order, though courts are not required to grant such requests simply because the victim requests it. In Texas, a protective order can be terminated only by agreement or by the court finding that the circumstances have materially changed.
What to Do If a Protective Order Has Been Issued Against You
The most important thing to do immediately is read the order carefully and understand every restriction it imposes. Do not guess about what is and isn't permitted. Do not assume that a brief or friendly contact is harmless. And do not attempt to work around the order by communicating through mutual friends or family members, because indirect contact through third parties is typically prohibited just as direct contact is.
Beyond that, contact an attorney as quickly as possible. The earlier a defense attorney is involved in a case that includes a protective order, the more options are available for managing the immediate restrictions and building the strongest possible defense against the underlying charges.
The Webb Firm, P.C., represents clients facing criminal charges and felony charges in Conroe, Montgomery County, and the surrounding Houston area. If a protective order has been issued against you or you've been accused of violating one, we want to hear your side of the story. Contact us today for a free consultation. We're here to fight for you.
"I had a great experience with this law firm. They were very professional and understanding of my situation." — Karmen K., ⭐⭐⭐⭐⭐
