Protective Orders in San Antonio: How They Impact Your Assault Case

Protective Orders in San Antonio: How They Impact Your Assault Case

Disclaimer

The information in this article is intended for general educational purposes only and should not be relied upon as legal advice. Reading this content does not create an attorney-client relationship with Larry Dean Bloomquist, Attorney at Law. If you have been accused of a crime, consult with a qualified criminal defense attorney to discuss your case.

If you've been accused of assault in San Antonio, one of the most serious developments that can follow is the issuance of a protective order. Many people mistakenly believe a protective order is simply a request to stay away from another person. In reality, protective orders can dramatically affect your criminal case, your ability to see your family, your employment, your firearm rights, and even your future freedom.

Whether you are facing Assault Family Violence charges, a domestic disturbance allegation, or another assault-related offense in Bexar County, understanding how protective orders work is essential. The decisions you make after a protective order is issued can significantly impact the outcome of your case.

What Is a Protective Order in Texas?

A protective order is a court-issued order designed to protect an alleged victim from future harm or threats. In Texas, protective orders are commonly issued in cases involving:

• Assault Family Violence

• Domestic violence allegations

• Dating violence

• Stalking

• Sexual assault

• Repeated threats or harassment

Unlike a civil restraining order, a Texas protective order is criminally enforceable.

Violating its terms can lead to additional criminal charges, even if the alleged victim initiates contact with you.

Protective orders are often issued after an arrest for assault family violence and can remain in effect for months or even years depending on the circumstances.

Types of Protective Orders You May Encounter

Emergency Protective Orders (EPOs)

After an arrest involving family violence, a judge may issue an Emergency Protective Order. These orders can be granted immediately following an arrest and may last several weeks or months. The alleged victim does not have to file a separate request for the order.

Temporary Ex Parte Protective Orders

A court may issue a temporary order before a full hearing if the judge believes there is an immediate risk of harm.

Final Protective Orders

After a hearing, the court may issue a final protective order that typically remains in place for up to two years, though some can last longer depending on the circumstances.

How a Protective Order Can Affect Your Assault Case

Many defendants focus only on the assault charge itself. However, the protective order often creates additional legal challenges.

1. Restrictions on Contact

One of the most common provisions prohibits contact with the protected person.

This may include:

• Phone calls

• Text messages

• Emails

• Social media messages

• Communication through friends or family members

• Physical presence near the protected person's home, workplace, or school

Even if the protected person wants to communicate with you, the protective order still applies. Only the court can modify or remove the order.

Many people unintentionally create new criminal charges by responding to a text message or attempting to "work things out."

2. Impact on Bail and Bond Conditions

In many assault cases, especially those involving family members or dating partners, the court may impose bond conditions that mirror the protective order.

If prosecutors believe you violated the order, they may ask the court to:

• Revoke your bond

• Increase bond conditions

• Place you back in jail pending trial

A simple misunderstanding can quickly become a major issue in your case.

3. Additional Criminal Charges

Violating a protective order is a separate criminal offense.

Under Texas law, many violations are charged as Class A misdemeanors, carrying penalties that may include:

• Up to one year in jail

• Fines up to $4,000

• A permanent criminal record

In certain circumstances, violations can be enhanced to felony charges carrying significantly more severe penalties.

This means a person originally facing a misdemeanor assault case could suddenly find themselves defending multiple criminal charges.

How Protective Orders Affect Family Relationships

One of the most difficult consequences of a protective order is its effect on families.

Protective orders often prohibit:

• Living in the same home

• Seeing your spouse

• Visiting your children

• Attending certain family events

• Entering schools or childcare facilities

For many defendants, the family consequences are even more disruptive than the criminal case itself. Parents may suddenly find themselves unable to participate in school functions, extracurricular activities, or routine parenting responsibilities.

If children are involved, the protective order may also influence future custody or visitation proceedings.

Firearm Restrictions

Many Texans are surprised to learn that protective orders can affect their firearm rights.

Texas law generally prohibits individuals subject to certain protective orders from possessing firearms or ammunition. Federal law may impose additional restrictions as well.

For military members, law enforcement officers, security professionals, hunters, and gun owners, these restrictions can have serious personal and professional consequences.

Employment Consequences

Even when a protective order does not result in a conviction, it can still create significant

employment challenges.

Depending on your profession, a protective order may impact:

• Professional licensing

• Security clearances

• Background checks

• Job applications

• Promotions

• Employment involving children or vulnerable populations

In some industries, simply being accused of assault family violence can trigger administrative investigations or workplace discipline.

Protective orders can also affect housing opportunities and other aspects of daily life.

Common Mistakes People Make

When emotions are high, defendants often make mistakes that prosecutors later use against them.

Some of the most common include:

Responding to Contact

The protected person may call, text, or invite you to meet.

Many defendants assume this makes contact legal.

It does not.

Texas courts generally place the responsibility on the person subject to the order to obey its terms regardless of who initiated contact.

Using Third Parties

Attempting to send messages through friends, relatives, or coworkers can also violate the order. Courts often view indirect communication the same way they view direct communication.

Social Media Activity

Commenting on posts, sending friend requests, or making indirect references online may create additional legal problems.

Assuming the Case Will Be Dropped

Some defendants believe the alleged victim can simply cancel the case or dismiss the protective order.

In reality, prosecutors control criminal charges, and only the court can modify or terminate a protective order.

Defending Against Protective Order Allegations

Every case is unique, and several defenses may apply depending on the facts.

Potential issues may include:

• Lack of evidence supporting the original allegation

• Mistaken identity

• False accusations

• Misunderstandings regarding the terms of the order

• Questions regarding proper notice or service of the order

The specific defense strategy depends on the circumstances of the case, the evidence available, and the procedural history of the protective order.

Why Early Legal Representation Matters

Protective orders often move quickly through the court system.

The earlier an experienced criminal defense attorney becomes involved, the more opportunities may exist to:

• Challenge allegations

• Protect constitutional rights

• Avoid violations

• Preserve evidence

• Negotiate favorable outcomes

• Minimize the impact on employment and family relationships

Waiting too long can allow small problems to become much larger legal issues.

Speak With a San Antonio Assault Defense Attorney

If you have been accused of assault or assault family violence in San Antonio, New Braunfels, Schertz, Cibolo, Converse, Leon Valley, Helotes, or elsewhere in Bexar County, it is important to understand how a protective order may affect every aspect of your case.

A protective order is more than a temporary inconvenience. It can influence criminal charges, bond conditions, family relationships, firearm rights, employment opportunities, and future court proceedings.

Attorney Larry Bloomquist understands the serious consequences these orders can create and works aggressively to protect his clients' rights throughout the legal process.

If you are facing assault allegations or questions involving a protective order, seeking experienced legal guidance as early as possible can make a significant difference in the outcome of your case: https://www.sacrimelaw.com/san-antonio-criminal-law-near-me