An arrest can feel overwhelming, especially when it involves allegations of family violence. Often, people are released on bond only to discover that a protective order is in place, which immediately affects where they can go, who they can speak to, and even how they live day to day.
At MC Criminal Law, one of the first questions we hear after a family violence arrest is: “What does this protective order actually mean, and what can I do about it?”
This blog explains what happens when a protective order is issued after an arrest, how it differs from bond conditions, and what steps you should take right away to protect yourself and your case.
Understanding Protective Orders vs. Bond Conditions
One of the most important things to understand is that protective orders and bond conditions are not the same thing, and you may be subject to both at the same time.
Protective Orders
A protective order is a court order designed to prevent future harm. Importantly:
- A protective order can be issued even if the alleged victim did not ask for one
- The judge may issue it based solely on the arrest and allegations
- Violating a protective order is a separate criminal offense
Texas law allows courts to impose protective orders broadly under Texas Family Code § 85.021, which governs what a judge may prohibit or require.
Bond Conditions
Bond conditions are separate restrictions placed on you as a requirement of being released from jail. These conditions can:
- Overlap with protective order restrictions
- Include no-contact provisions, location bans, or other rules
- Remain in effect even if a protective order changes
Both documents must be reviewed carefully. Modifying one does not automatically modify the other.
Duration and Scope of Emergency Protective Orders
After certain arrests—particularly family violence or assault cases—a judge may issue an Emergency Protective Order (EPO).
Under Texas Code of Criminal Procedure Art. 17.292, an emergency protective order:
- Can last 60 to 90 days
- Takes effect immediately
- May prohibit:
- Any contact with the protected person
- Going near their home, workplace, or school
- Possession of firearms
- Returning to a shared residence
These orders are often issued quickly, sometimes without the accused present, which is why reviewing the terms with an attorney is critical.
Protective Order Conditions in Plain Language
While every case is different, common restrictions often include:
- No direct or indirect contact (calls, texts, social media, third parties)
- Stay-away distances from certain locations
- Move-out requirements, even if you own or lease the home
- Firearm prohibitions
- Monitoring or supervision conditions
Even accidental or well-intentioned violations—like responding to a message—can result in new charges.
Can a Protective Order Be Modified?
Yes, but modifications are not automatic.
To change an emergency protective order, the court must be convinced that:
- The order is unworkable as written, and
- No future danger exists to the protected person
This standard is set out in Texas Code of Criminal Procedure Art. 17.293.
Courts typically require:
- Evidence supporting modification
- Often, affidavits or testimony
- Careful legal presentation through counsel
It is not enough that the protected person “doesn’t mind” the contact. The court’s primary concern is safety and risk.
Modifying Bond Conditions Is a Separate Step
Even if a protective order is modified, bond conditions do not automatically change.
Under Texas Code of Criminal Procedure Art. 17.401, bond conditions must be addressed independently. That means:
- Separate motions may be needed
- Separate hearings may be necessary
- Failing to modify bond conditions can still result in violations
This is a common—and dangerous—point of confusion. It’s important to work with an experienced criminal defense attorney who understands the nuances of these situations and orders to help ensure you understand the limitations and remain in compliance.
Immediate Steps After an Arrest
If there is a protective order in place after your arrest, take these steps immediately:
- Contact a criminal defense attorney right away
- Read the protective order and bond paperwork carefully
- Follow every restriction exactly as written
- Document everything (court dates, communications through counsel, paperwork)
- Do not rely on verbal assurances from anyone
Early legal guidance can prevent mistakes that create new charges.
Common Mistakes to Avoid
- Ignoring the protective order
- Contacting the protected person “just to explain”
- Assuming modifications happen automatically
- Relying on the other party’s consent
- Posting on social media about the case
Protective order violations are often easier for prosecutors to prove than the original offense.
Working Effectively with Your Attorney
Your attorney can:
- Communicate with the alleged victim through proper legal channels
- File motions to modify protective orders or bond conditions
- Help gather affidavits and supporting evidence
- Advise you on compliance while your case is pending
Be honest, responsive, and thorough. The more information your attorney has from the start, the better your options are.
Long-Term Implications of Protective Orders
Protective orders can affect:
- Housing
- Employment
- Child custody and visitation
- Firearm rights
- Immigration status
- Future criminal cases
Taking proactive steps early can reduce long-term damage. For this reason, we recommend consulting with an attorney very early in the process, even before formal charges are filed.
MC Tip: Dallas County Cases Take Time
In Dallas County, it is not uncommon for family violence cases to take a year or more to be formally filed.
Engaging an attorney early allows time to:
- Preserve evidence
- Obtain affidavits
- Address protective order issues
- Potentially prevent charges from being filed at all
Our team of seasoned criminal defense attorneys serves clients in Dallas County, Collin County, Denton County, Tarrant County and the surrounding areas. We help clients navigate charges and protective orders after arrests all the time and are here to do the same for you or your loved one. Waiting limits your options, so contact us early to sort through your protective order and charges, do our due diligence, and keep strategy on your side.
Even if you wait a year for the case to be officially filed, the best course of action is to modify the conditions of the bond. Otherwise, you may risk an additional arrest.
Facing a Protective Order After an Arrest? MC Criminal Law Can Help.
Protective orders and bond conditions can dramatically affect your life—but you don’t have to navigate them alone.
At MC Criminal Law, we help clients understand their restrictions, pursue appropriate modifications, and protect themselves from additional charges while their case is pending.
If you or a loved one has been arrested and a protective order is in place, contact MC Criminal Law immediately. Early action matters.