When the Protective Order Expires — But Your Legal Obligations Don’t 

By Jake Spiegelhauer  |  Spiegelhauer Law  |  Bryan & College Station, TX 

If you or someone you love has been arrested for Assault – Family Violence in Texas, there are two separate legal mechanisms that restrict contact between the defendant and the alleged victim. These two things are often confused for one another — and that confusion can lead to serious new criminal charges. 

Let me break down exactly what each one is, why they’re different, and why that difference matters enormously to your case. 

What Is a Temporary Protective Order? 

When a person is arrested for Assault – Family Violence in Texas, a Temporary Protective Order (TPO) is typically issued automatically. This order legally prohibits the defendant from going near or contacting the alleged victim. 

The key word here is temporary. These orders generally last somewhere between 60 and 90 days. Once that window closes, the TPO expires — and many defendants (and victims) understandably interpret that expiration as a green light to resume contact. 

It is not. And that misunderstanding is where things go badly wrong. 

What Are Bond Conditions? 

At the same time that a TPO is issued, most judges setting bond in Family Violence cases will also impose conditions of bond. These conditions almost always include a prohibition on the defendant contacting or going near the alleged victim. 

Unlike a Temporary Protective Order, bond conditions do not expire on a set date. They remain in effect for the entire duration of the case — from the moment bond is set until the case is fully resolved, whether that takes months or years. 

This is the distinction that most people never fully understand, and it’s rarely explained clearly at the time of arrest or arraignment. 

The Costly Mistake: Thinking the TPO Expiring Means Everything Is Clear 

Here’s the scenario that plays out far too often: the TPO expires after 60 or 90 days, both the defendant and the victim assume the legal restrictions are lifted, and they begin communicating or seeing each other again. Sometimes the victim reaches out first. Sometimes both parties genuinely want to reconcile. 

None of that matters legally. If the bond conditions are still active — and they almost certainly are — any contact can result in a brand new criminal charge: Violation of Protective Order / Bond Conditions. 

Depending on the circumstances, this charge can be filed as either a misdemeanor or a felony in Texas. On top of new criminal exposure, the original bond can be revoked — meaning the defendant goes back to jail while the underlying Family Violence case is still pending. 

Every time this scenario arises, the defendant is genuinely blindsided. They weren’t trying to do anything wrong. They thought the legal restrictions had ended. The problem is that no one ever made the distinction clear. 

What You Should Do If You’ve Been Charged 

If you’ve been arrested for Assault – Family Violence, the most important thing you can do is get clear, thorough legal advice from a criminal defense attorney who will take the time to explain every condition attached to your case — not just the protective order. 

You need to know exactly what you can and cannot do, and for how long. Any contact with the alleged victim — a text message, a phone call through a third party, showing up at a shared residence — can put you right back in jail and add new charges to an already difficult situation. 

And if the protective order has already expired and contact has resumed without a full understanding of the bond conditions, contact a defense attorney immediately. The sooner you get ahead of the situation, the better positioned you will be. 

The Bottom Line 

A Temporary Protective Order expiring does not mean your legal obligations have ended. In a Family Violence case, bond conditions are separate, last longer, and carry their own serious consequences if violated. This is not a technicality — it’s one of the most important things a defendant in this situation needs to understand. 

This exact scenario plays out more times than it should, and in nearly every case it comes down to one thing: no one clearly explained the difference between the two. Don’t let that happen to you. 

If you or a loved one has been charged with Assault – Family Violence in Bryan, College Station, or anywhere in Brazos County, contact Spiegelhauer Law today for a confidential consultation: (979) 450-7250 | spiegllegal.com