A no-contact order in Texas is a court directive that forbids one person from contacting or going near another, and breaking it is a crime in its own right. These orders come up most often in family violence, stalking, and sexual assault cases. What the order covers, how long it lasts, and what a violation costs depend on which of three legal mechanisms the court used to put it in place.
The Three Ways No-Contact Rules Arise
Texas has no single statute labeled “no-contact order.” The restriction shows up in three different forms, and the differences matter.
Emergency Protective Order
After an arrest for a family violence offense, a magistrate can issue an emergency protective order at arraignment, sometimes before the arrested person posts bail. The magistrate can bar contact with the alleged victim, order the person to stay away from their home or workplace, and prohibit firearm possession. The order takes effect right away and runs 31 to 61 days in most cases, or 61 to 91 days if the arrest involved sexual assault or trafficking. The alleged victim does not have to ask for it; the magistrate can issue it independently.1State of Texas. Texas Code of Criminal Procedure Art. 17.292
Civil Protective Order
A civil protective order is issued under the Texas Family Code after a hearing in which the court finds that family violence occurred. It is broader and lasts longer than an emergency order. The default maximum is two years, though courts can issue longer ones in certain situations.2State of Texas. Texas Family Code Chapter 85 – Issuance of Protective Order There are no filing fees to apply.3Texas State Law Library. Getting an Order – Protective Orders
Bond or Probation Condition
When a criminal court sets bail in a family violence, assault, or stalking case, the judge often attaches a no-contact condition to the bond. This isn’t a separate protective order; it’s a rule the defendant has to follow to stay out of jail while the case moves. Contact with the alleged victim can lead to bond revocation and pretrial detention. The same type of condition can also appear in the terms of probation or deferred adjudication after a conviction.
What the Order Prohibits
The specifics come from the issuing court, but Texas protective orders commonly bar:
- Direct contact of any kind, including phone calls, texts, emails, social media messages, and in-person communication.
- Indirect contact through a third party. Having a cousin pass along a note counts.
- Threatening or harassing conduct directed at the protected person.
- Coming within a specified distance of the protected person’s home, workplace, school, or child’s daycare, each of which the order must identify.
- Using GPS apps, tracking devices, or any other means to monitor the protected person’s phone or vehicle.
- Harming or threatening a pet or assistance animal in the protected person’s household.
- Possessing firearms.
Those requirements come straight from the Family Code.4State of Texas. Texas Family Code Section 85.022 – Requirements of Order Applying to Person Who Committed Family Violence Courts can tailor the order. Some allow communication only through attorneys or a court-appointed intermediary; others ban all contact with no exceptions. Even accidental contact can be treated as a violation, so avoidance has to be active, not passive.
The Firearms Consequence
This one hits harder than people expect. A Texas protective order can prohibit the restrained person from possessing any firearm and must suspend any Texas handgun license the person holds.4State of Texas. Texas Family Code Section 85.022 – Requirements of Order Applying to Person Who Committed Family Violence Emergency protective orders can carry the same prohibition.1State of Texas. Texas Code of Criminal Procedure Art. 17.292
Federal law stacks on top. It is a separate federal crime for a person subject to a qualifying protective order to possess a firearm or ammunition. The order qualifies when it was issued after a hearing with notice and an opportunity to participate and either includes a finding that the person poses a credible threat to an intimate partner or child, or expressly prohibits the use of physical force against them.5Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts The federal charge is a felony and stands independent of any state case. For anyone who owns firearms, works in law enforcement, or holds a security clearance, this piece alone can end a career.
Penalties for a Violation
Texas treats a protective order violation as a standalone criminal offense under Section 25.07 of the Penal Code, not as contempt of court. The default charge is a Class A misdemeanor, punishable by up to one year in county jail, a fine of up to $4,000, or both.6State of Texas. Texas Penal Code Section 25.07 – Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking Case7State of Texas. Texas Penal Code Section 12.21
The charge climbs in several situations:
- State jail felony if the violation involved a post-conviction protective order protecting the victim of that conviction, or if the person had a deadly weapon during the violation. A state jail felony carries 180 days to two years in a state jail facility.
- Third-degree felony if the person committed assault or stalking during the violation, or has two or more prior convictions for violating protective orders. A third-degree felony carries two to ten years in prison and a fine of up to $10,000.6State of Texas. Texas Penal Code Section 25.07 – Violation of Certain Court Orders or Conditions of Bond in a Family Violence, Child Abuse or Neglect, Sexual Assault or Abuse, Indecent Assault, Stalking, or Trafficking Case8State of Texas. Texas Penal Code Section 12.34
If the no-contact rule was a bond condition rather than a protective order, a violation can also trigger bond revocation and pretrial detention. If it was a probation condition, it can lead to probation revocation and imposition of the original sentence.
The Protected Person Cannot Give You Permission
This is where people get arrested most often. If the protected person calls you, texts you, or invites you over, responding is still a violation. The protected person has no power to waive the order. Only the judge who issued it can change its terms.9Texas State Law Library. Modifying and Terminating Protective Orders Cases where both parties wanted contact and the restrained person still ended up charged are routine. The order is a court directive, not a private agreement.
Changing or Ending the Order
A protective order stays in effect until its expiration date unless a court changes it. Any party can file a motion to modify, and the court can add or remove restrictions.10State of Texas. Texas Family Code Section 87.001 – Modification of Protective Order To ask the court to end the order outright, the applicant has to wait at least one year after it was issued and then move for termination, after which the court holds a hearing.9Texas State Law Library. Modifying and Terminating Protective Orders Courts weigh the safety of the protected person heavily. A meaningful change in circumstances, such as completion of a batterer intervention program or a long stretch without incidents, strengthens the motion.
The Order Follows You Out of Texas
A Texas protective order does not stop at the state line. Under federal law, every state, tribe, and territory must recognize and enforce a valid protective order issued anywhere in the United States, as long as the issuing court had jurisdiction and the restrained person received reasonable notice and a chance to be heard.11Office of the Law Revision Counsel. 18 USC 2265 – Full Faith and Credit Given to Protection Orders If you contact the protected person while in another state, police there can arrest you for the violation. The same rule works in reverse: a protective order issued against you in another state is enforceable in Texas as if a Texas court had entered it.