August 10th, 2026
Posted By
Nick Westbrook

The holidays are coming up. A family violence arrest this October or November doesn’t just come with a court date. It comes with a set of orders that will follow you through Thanksgiving, deer season, Christmas, and New Year’s.

The holidays pull families together, and that’s exactly when these orders get broken. Most violations don’t start with anger. They start with a dinner invitation, a group text, or a gift for your kids.

Two Orders with Two Sets of Rules

After a family violence arrest in Texas, you may leave the magistrate’s hearing with two separate documents. The first is a Magistrate’s Order for Emergency Protection, issued under Article 17.292 of the Code of Criminal Procedure. It can last up to 91 days, depending on the allegations in your case. The second is your list of bond conditions, which stays in place until your case ends.

The two documents don’t always say the same thing. An emergency protective order might bar only threatening or harassing communication, while your bond conditions may prohibit any contact at all. The stricter rule controls your conduct. Read both documents line by line before the holidays and keep copies with you.

What a Violation Costs You

Violating a protective order or a family violence bond condition is a separate crime under Penal Code §25.07. A first violation is a Class A misdemeanor, punishable by up to a year in jail. It becomes a third-degree felony if you have two prior convictions for the offense or if the violation involves an assault or stalking. The State will also ask the judge to revoke your bond on the original case, which can mean spending the rest of the holidays in custody.

The law puts the entire burden on you. Texas Penal Code §25.07(e) bars police from arresting the protected person for violating the order. If the complainant invites you over and you go, only one of you can be charged.

The Holiday Moments That Cause Violations

Holiday Moment

Why It Violates Your Order

The complainant invites you to Thanksgiving dinner.

The court issued the order, and only the court can change it. The complainant's invitation gives you no legal protection.

A relative adds you to the family group text.

A reply to a thread that includes the complainant can count as communication. Leave the thread or ask the relative to remove you.

Your mother offers to deliver your Christmas gifts.

Contact through a third party can violate a no-contact order. A gift, a card, or a message passed along by a relative can all count.

You comment on a holiday photo or tag the complainant.

Social media contact is still contact. Likes, comments, tags, and direct messages all leave a record prosecutors can print.

You pick up your kids for the holiday weekend.

If your order bars you from the complainant's home or your child's school or daycare, a custody exchange at that address can violate it. Use a neutral location and a third party or get a written court order that addresses the exchange.

You head to the deer lease for opening weekend.

An emergency protective order and most family violence bond conditions prohibit you from possessing a firearm. Texas general deer season opens in early November, and a rifle in your truck at the lease can bring a new charge.

A relative's party brings you within the stay-away distance.

Stay-away zones don't pause for family events. If you wear a GPS monitor, the device records every time you cross the line.

Plan Before the Courts Close for the Holidays

You can’t change an order by agreement with the complainant. However, your lawyer can file a motion to modify your bond conditions or request a hearing on the emergency protective order. A judge can approve a custody exchange arrangement, a specific holiday visit, or a narrower no-contact condition when the facts support it.

Timing matters. Courts slow down during the last two weeks of November and the last two weeks of December. A motion filed in late October has time to reach a judge. A motion filed the day before Thanksgiving won’t work.

If You’ve Already Slipped

If you answered a text, attended a family event, or accepted an invitation, stop the contact now. Don't delete the messages. Deleting evidence after you know an investigation may follow can create a tampering charge, and the complainant's phone keeps its own copy anyway. Talk to your defense attorney before you talk to the complainant, your bond officer, or the police about what happened.

The protective order doesn’t take a holiday, and the complainant can’t give you one. Only the court can authorize a modification.

Get Your Holiday Plan in Front of the Judge

If you’re subject to an emergency protective order or family violence bond conditions and you want to see your family, call Denuna & Westbrook at 713-966-0253 or visit texasdwlaw.com. We’ll review your orders, tell you what they allow, and ask the court for the changes you need before the holidays arrive.