Responding to a Restraining Order in Texas

 Posted on September 10, 2025 in Criminal Defense

Finding out that a restraining order has been issued against you can be an incredibly stressful experience. An ex parte restraining order can entail the immediate loss of certain privileges, and violating the order could result in criminal penalties. In these situations, knowing how to react and what steps to take is critical for your case. With the help of a Cooke County, TX criminal defense lawyer, you can challenge a restraining order in court and protect your rights.

At Magaña & Van Dyke, we have experience representing clients accused of family violence and similar offenses in Texas. Our attorneys are available 24/7 for client concerns, so do not wait to reach out if you have had a restraining order issued against you.

Can I Talk to My Ex if They File a Restraining Order?

Understandably, people who have been served with an ex parte restraining order often want to clear things up with the other party. Although it might seem rational to try to talk out the issue, this can hurt your case in more ways than one.

First, your restraining order might order you to cease all contact with the other party (known as the petitioner). This means that if you reach out, you could face the consequences of violating a protective order. Secondly, anything you say to your accuser could be used as evidence against you in a hearing for a permanent protective order. As such, the best thing you can do is to avoid the other party altogether until your court date. Instead, seek legal representation and keep all communication strictly between you and your lawyer.

What Restrictions Can a Protective Order Include in Texas?

An ex parte protective order can prevent you from taking certain actions against the petitioner for up to 20 days, usually until a full hearing can be held. An ex parte order may prohibit you from:

• Contacting the petitioner

• Harming or harassing the petitioner

• Going near the petitioner’s home, workplace, or school

You may also be ordered to give up your firearms and leave a home shared with the petitioner. 

Though these restrictions can feel punishing, it is important that you obey the temporary order until you can properly state your case in a hearing. If you are accused of violating the order, you could be charged with a misdemeanor offense (Texas Penal Code Sec. 25.07).

Preparing for a Hearing for a Final Protective Order

Ex parte protective orders are meant to provide short-term relief from harm. If the petitioner wants a long-term order, a hearing must be held to determine whether there is a good reason for it. 

Showing up to the hearing on time is crucial. If you do not appear in court, the judge could grant the final protective order without you present, and it may last for up to two years. 

Our attorneys can stand up for you at this hearing, speaking on your behalf in court. We will challenge the petitioner’s accusations and the strength of the evidence against you. If it becomes apparent that the accuser has an ulterior motive, we can bring it to the court’s attention.

Contact a Cooke County, TX Restraining Order Lawyer

If you have been served with a restraining order, you need strong legal representation. Magaña & Van Dyke is here to fight for you. Call our Denton County, TX criminal defense attorneys at 940-382-1976 for a free initial consultation.