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What is the difference between bond conditions, an emergency protective order and a protective order in Texas?
In this article
In short: They come from different places. Bond conditions are terms a magistrate sets for release from jail (Code of Criminal Procedure 17.49). A magistrate's order for emergency protection is a separate order issued after an arrest (17.292). A protective order is a civil order a judge issues under the Family Code, usually for up to two years (Family Code 85.025).
| Bond conditions | Emergency protective order | Protective order | |
|---|---|---|---|
| Who issues it | Magistrate or trial court | Magistrate at magistration | Civil judge after an application |
| Law | Code of Criminal Procedure 17.15, 17.49 | Code of Criminal Procedure 17.292 | Family Code chapters 81 to 88 |
| How long | While the criminal case is pending, unless changed | 61 to 91 days, or 91 to 121 days if a deadly weapon was used or exhibited in an assault | Usually up to 2 years (85.025(a)); longer in some cases |
| How to change it | Motion in the criminal court | Motion and hearing in the issuing court (17.292(j)) | Motion, notice and hearing (Family Code 87.001) |
Can I be charged for violating any of them?
Yes. Penal Code 25.07 covers violating a condition of bond in a family violence case that relates to the safety of a victim or the community, a magistrate's emergency order and a Family Code protective order. Violating a condition of bond can also lead to the bond being revoked.
Can more than one apply at the same time?
Yes. Many people leave jail with both bond conditions and an emergency order, and a protective order case may be filed later. Each must be followed until the court that issued it changes or ends it.
What about firearms?
An emergency order may prohibit possessing a firearm (17.292(c)(4)), and possessing one while subject to an emergency or Family Code protective order after notice is a separate offense (Penal Code 46.04(c)).
Where are these cases heard outside Dallas?
A protective order case is usually filed in a civil court in the county where the applicant or respondent lives, while any related criminal case is filed where the offense is alleged to have happened. We handle cases from our only office, in downtown Dallas, in 12 North Texas counties. Each county page lists the courthouse, the prosecutor's office and the jail: Dallas, Tarrant, Collin, Denton, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Hunt, Navarro.
How do I get started?
Criminal defense consultations are free. Call (214) 239-2013 or start a chat.
Last updated October 2026
Common questions
Is an emergency protective order the same as a bond condition?
No. It is a separate order under article 17.292, though both may be issued at the same appearance.
How long does an emergency protective order last?
61 to 91 days, or 91 to 121 days when a deadly weapon was used or exhibited during an assault (17.292(j)).
Which court changes a protective order?
The court that issued it, after notice and a hearing.
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This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.