Posted on 7/10/23

If a protective order has been issued against you in Texas, you can no longer own a firearm. Even if you lawfully obtained a firearm before the protective order was issued, you cannot lawfully possess that firearm after the protective order has been issued. In practice, it is less common to enforce this law. 

Most Texas counties lack procedures to ensure those restricted by protective orders rid themselves of their existing firearms and do not obtain new guns once the protective order goes into effect. At the county level, there is no protocol for storage or returning the gun after the protective order has been lifted. However, if you are subject to a protective order, you can still face penalties for possessing a weapon, even if it is not commonly enforced. 

Texas Firearm Ban for Those Under a Protective Order

The Texas Family Code states that those named in a protective order cannot possess a firearm. This law applies to every type of protective order in Texas, including temporary ex parte, final protective orders, and magistrate emergency protective orders. As long as the protective order is active, it is illegal for the person named in the order to possess or purchase a firearm. Every protective order has this rule written directly on it. 

Additionally, protective orders outline the penalties for those who violate the order. Specifically, individuals can face jail time of up to 12 months and fines of up to $4,000. It is also illegal for anyone in Texas convicted of misdemeanor domestic violence to possess a firearm. 

What Should I Do if I am Subjected to a Protective Order?

If a protective order has been issued against you, it is crucial that you reach out to a criminal defense attorney as soon as possible. A criminal defense attorney can help you understand your rights and present arguments and evidence in your favor at your protective order hearing. An attorney can also explain your rights to you. You can also contact local law enforcement officials who can help you understand the process of surrendering the firearms you own to the county until the protective order is lifted so that you can remain compliant with the law. 

Discuss Your Case With a Criminal Defense Attorney in Dallas//Ft. Worth

Protective orders can cause significant life disruptions but can serve an essential safety purpose. If you are subjected to a protective order, you have important rights. You have the right to present your side of the story with the help of a criminal defense attorney. The sooner you discuss your case with an attorney, the better. 

Contacting a criminal defense attorney when you find out about the protective order is vital to understand your rights. The attorneys at Abel Law Firm are prepared to provide you with an aggressive criminal defense while protecting your rights. Do not delay. Contact Abel Law Firm to schedule a case evaluation and learn more about your rights. 

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