How to Defend Against a Restraining Order in Texas
Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Table of Contents
Immediate actions after being served
- Read order carefully. Understand specific restrictions
- Comply immediately. Any violation = Penal Code §25.07 criminal offense
- Engage attorney. Within 1-2 days; substantial consequences
- Surrender firearms. Required for protective orders
- Document compliance. Maintain records
- Gather evidence. Communications, witnesses, records — quickly
- Identify witnesses. Family, friends, professionals
- Avoid contact with applicant. Even when applicant initiates
- Plan housing if displacement required
- Coordinate with criminal defense if applicable
- Prepare emotionally for hearing
Defense strategy elements
- Insufficient evidence challenge. Applicant's case lacks specifics or witnesses
- Credibility challenges. Inconsistencies, motivations
- Counter-narrative. Actual relationship dynamics
- Self-defense context. When physical incidents involved
- Mutual aggression evidence. Not one-sided
- Prior false allegations. Pattern under TRE 404(b)
- Motive for false allegations. Custody, financial, retaliation
- Procedural defects. Service, jurisdiction, notice
- Lack of qualifying relationship. Sometimes
- Lack of family violence definition met. §71.004 standard
- No likelihood of future violence. §85.001(a)(2) standard
Evidence development
- Texts and emails. Showing actual relationship dynamics
- Photos. Showing context, no injuries, normal family activity
- Financial records. Joint accounts, supportive contributions
- Phone records. Calls, locations
- GPS data. Whereabouts during alleged incidents
- Work records. Schedule, attendance
- Witness statements. Family, friends, neighbors, professionals
- Medical records. When applicable
- Prior court records. Custody, criminal
- Character witnesses. Long-term knowledge
- Professional context. Employment, community involvement
Hearing preparation
- Review applicant's sworn statement carefully. Identify factual claims
- Compare to evidence. Where claims contradict evidence
- Witness preparation. Practice testimony
- Cross-examination preparation. Question outline
- Exhibit organization. Properly admissible evidence
- Client testimony preparation. Composure under cross-examination
- Demeanor coaching. Courtroom behavior
- Closing argument outline
- Anticipate adverse rulings. Plan modifications, appeals
- Logistics planning. Witnesses, attorney coordination
During hearing
- Calm demeanor essential. Affects credibility
- Listen to questions carefully. Answer specifically
- Don't volunteer information. Beyond questions
- Don't argue with applicant or attorney. Defense through attorney
- Maintain composure during cross-examination. Often provocative
- Take time before answering. Thoughtful responses
- Speak directly to judge when permitted. Credibility
- Don't express anger toward applicant. Supports their case
- Follow attorney guidance. Trust strategic decisions
- Note any unusual judicial conduct. Potential appeal grounds
After adverse ruling
- Strict compliance with order. Violations = Penal Code §25.07
- Firearm surrender immediate
- Document compliance carefully
- Modification petition if circumstances change. Texas Family Code §85.024
- Appeal options. Limited window; specific grounds
- Federal civil rights litigation in extreme cases
- Strategic planning for related custody/criminal proceedings
- Long-term implications. Background checks, employment
- Constitutional challenges in some contexts
- Maintain compliance evidence for future proceedings
Texas Marijuana Charges by Weight
| Weight | Offense | Range |
|---|---|---|
| Under 2 oz | Class B misdemeanor | Up to 180 days + $2,000 |
| 2-4 oz | Class A misdemeanor | Up to 1 year + $4,000 |
| 4 oz - 5 lb | State jail felony | 180 days-2 years + $10K |
| 5-50 lb | 3rd degree felony | 2-10 years + $10K |
| 50-2,000 lb | 2nd degree felony | 2-20 years + $10K |
| 2,000+ lb | Enhanced 1st degree | 5-99 years/life + $50K |
| Hemp products with delta-9 THC ≤ 0.3% are legal under HB 1325 (2019) | ||
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Key Legal Terms
- Penalty Group
- Texas Health & Safety Code § 481.102-481.105 classification of controlled substances by abuse potential and accepted medical use. Determines weight tiers and punishment ranges.
- Article 38.23
- Texas Code of Criminal Procedure exclusionary rule. Evidence obtained in violation of any federal or Texas constitutional or statutory provision is inadmissible against the accused.
- Aggregation
- Texas H&S § 481.002(5) rule that the total weight of any controlled substance, including adulterants and dilutants, counts toward the offense weight tier.
- 3g Offense
- CCP Article 42A.054 list of offenses ineligible for judicial probation and requiring 50% sentence served before parole eligibility (formerly Article 42.12 § 3g).
- Pretrial Diversion
- Pre-charge alternative under CCP Article 32.02 in which the prosecution agrees to dismiss charges upon successful completion of conditions (counseling, community service, restitution).
Frequently Asked Questions
How do I defend against a Texas restraining order?
Immediate attorney engagement, evidence gathering (communications, witnesses, records), witness preparation, cross-examination preparation of applicant, demonstrating counter-narrative, identifying procedural defects, challenging credibility, presenting prior false allegations pattern when applicable.
Should I get an attorney for Texas protective order hearing?
Strongly recommended — substantial consequences including federal firearm prohibition, Penal Code §25.07 criminal violation exposure, custody implications, employment effects, professional licensing impact, immigration consequences. Cross-examination skill matters. Initial consultations often free.
How fast do I need to prepare for Texas protective order hearing?
Very fast — typically 14-20 days from filing to hearing. Engage attorney within days of service. Evidence gathering, witness preparation, hearing preparation all happen within compressed timeline. Time pressure substantial.
Can I represent myself at Texas protective order hearing?
Permitted but risky given substantial consequences. Procedural complexity, cross-examination skill needs, evidence rules, strategic considerations all support attorney representation. If self-representing, prepare thoroughly using TexasLawHelp.org resources.
What if I'm falsely accused in Texas protective order?
Comprehensive defense: document actual relationship dynamics through communications, photos, financial records, witnesses; identify motivations for false allegations (custody, divorce, retaliation); prior false allegations under TRE 404(b); cross-examine credibility; specific factual rebuttals.
