Protective Orders (Criminal & Family Court)

Protective Order Defense in Collin County and Dallas County

A protective order can change your life quickly. Whether it arises from a criminal arrest or a family-court filing, a protective order can remove you from your home, restrict access to your children, and create lasting consequences for employment, custody, and firearm rights.

I represent clients facing criminal protective orders, family-court protective orders, and emergency protective orders in Collin County and Dallas County, including McKinney, Plano, Frisco, Allen, Dallas, and Richardson. Many protective-order cases overlap with criminal charges, custody disputes, or CPS involvement — making early, careful defense critical.

Types of Protective Orders in Texas

Texas law allows for several types of protective orders, including:

Emergency Protective Orders (EPOs)

Issued by a judge following an arrest involving allegations such as family violence, assault, or stalking. These orders are often entered quickly and before you have an opportunity to present your side.

Family-Court Protective Orders

Filed by a spouse, partner, co-parent, or household member — frequently during divorce or custody disputes.

Temporary Ex Parte Orders

Granted without your presence, based solely on the applicant’s allegations, and typically followed by a scheduled hearing.

Final Protective Orders

May last up to two years, or longer — including, in some cases, for life — and carry serious criminal consequences if violated.

Consequences of a Protective Order

A protective order may:

• Remove you from your home
• Prohibit contact with a spouse or partner
• Restrict or eliminate access to your children
• Affect visitation schedules
• Limit firearm possession
• Appear in background checks
• Influence related criminal proceedings

Even when the underlying allegations are weak or disputed, a protective order can have long-lasting personal and legal effects.

Defending Against a Protective Order

Effective defense often involves:

• Challenging the evidence presented
• Identifying inconsistencies in testimony
• Examining motives related to divorce or custody disputes
• Demonstrating the absence of a threat or pattern of violence
• Presenting communications in proper context
• Cross-examining the petitioner
• Using texts, recordings, or witness statements

I represent clients at every stage of the process, including contested hearings where evidence is presented and credibility matters.

Testifying at a Protective Order Hearing While Criminal Charges Are Pending

Protective-order hearings often move forward before a related criminal case is resolved. This can place an accused person in a difficult position.

Testifying at a protective-order hearing may seem necessary to contest the allegations, but sworn testimony can later be used in a criminal prosecution. At the same time, choosing not to testify may carry consequences in family court, where judges are permitted to draw different inferences than in a criminal case.

This creates a complex Fifth Amendment issue that must be navigated carefully.

As a criminal defense attorney, I help clients weigh the risks and benefits of testifying at this stage, including:

• Whether testimony is truly necessary
• How testimony may affect a pending criminal case
• What information can be safely addressed — and what cannot
• Whether alternative evidence can be presented instead
• How to preserve constitutional rights without unnecessarily weakening a family-court position

There is no one-size-fits-all answer. The correct approach depends on the facts of the case, the posture of the criminal investigation, and the potential long-term consequences.

Coordinating Criminal and Family-Court Strategy

Protective orders frequently overlap with:

• Criminal charges
• CPS investigations
• Divorce filings
• Emergency custody motions

As a criminal defense attorney, I take care to coordinate strategy across proceedings so that decisions made in one court do not unnecessarily undermine your position in another. When appropriate, I work alongside family-law counsel to ensure consistency and protect your broader interests.

Talk Through Your Situation Confidentially

If you have been served with a protective order or arrested in connection with allegations involving family or household members, it’s important to understand your options before taking action.