San Antonio Protective Orders Attorney
Fast, Knowledgeable Help When Your Safety and Your Family Are on the Line
Protective Order Matters Require Immediate Attention
A protective order is a court order intended to protect someone from family violence, stalking, sexual assault, or trafficking — and it can significantly affect custody, possession, firearm rights, and where a person is allowed to live or go. Whether you need to petition for protection or you’ve been served with an application seeking a protective order against you, the timeline moves quickly and the outcome can shape your life and your family’s for years.
At the Gilbert Law Office, Matthew Gilbert represents clients throughout San Antonio and Bexar County on both sides of protective order matters — helping petitioners seek the protection they need and helping respondents defend against orders that aren’t warranted. He understands how closely protective orders can intersect with child custody and divorce proceedings, and he moves quickly to protect your rights and your family.
If you’re facing a protective order matter, time is not on your side. Contact the Gilbert Law Office today to speak with a San Antonio protective orders attorney who can help you understand your options right away.
Protective order cases often overlap with custody or divorce proceedings already underway. Take a look at our full range of San Antonio family law services if you need support beyond this issue alone.
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Protective Order Situations Matthew Gilbert Handles
Protective order cases arise in a range of circumstances, and Matthew Gilbert represents clients on both sides of these matters throughout San Antonio and Bexar County:
Seeking a Protective Order — If you or your children have experienced family violence, stalking, or sexual assault, Texas law allows you to petition the court for a protective order. Matthew can help you file the appropriate application, gather supporting evidence, and present your case at the hearing.
Defending Against a Protective Order — Being served with a protective order application does not mean the order will be granted, and a protective order can carry serious consequences — including loss of firearm rights, restricted contact with your children, and a lasting mark on your record. Matthew provides a thorough, fair defense for respondents who believe an order is unwarranted or overly broad.
Protective Orders and Custody — A pending or active protective order can significantly influence an ongoing custody case, sometimes resulting in immediate changes to possession or supervised visitation. Matthew helps clients understand how a protective order interacts with their broader family law case and advocates for arrangements that reflect the full picture.
Emergency Protective Orders — In situations involving immediate danger, Texas law allows for an emergency protective order to be issued quickly, often in connection with a criminal case. Matthew can advise you on the process and what to expect in the days that follow.
Modifying or Ending a Protective Order — Circumstances change, and in some cases, a protective order can be modified or allowed to expire according to its terms. Matthew can review your situation and advise you on the appropriate next steps.
Frequently Asked Questions About Protective Orders in Texas
How do I get a protective order in Texas?
To get a protective order in Texas, you file an application with the district or county court in the county where you or the other party live, describing the family violence, stalking, sexual assault, or trafficking involved. The court can issue a temporary ex parte order immediately if there is a clear and present danger, and will schedule a full hearing — typically within 14 days — where both sides can present evidence before a final protective order is decided.
What is the difference between a protective order and a restraining order in Texas?
A protective order addresses family violence, stalking, sexual assault, or trafficking and can include firearm restrictions, no-contact provisions, and terms affecting custody. A restraining order is typically a temporary, more limited order — often issued at the start of a divorce or custody case — that prevents actions like moving money, changing insurance, or removing children from the state while the case is pending.
How long does a protective order last in Texas?
A standard protective order in Texas generally lasts up to two years, though the court can order a longer duration in certain circumstances, such as when the respondent caused serious bodily injury or when there have been two or more prior protective orders against them. Some protective orders can be extended before they expire if the protected person shows continued fear of harm.
What happens if a protective order is violated in Texas?
Violating a protective order in Texas is a criminal offense and can result in arrest, fines, and jail time, with penalties increasing for repeat violations. If you believe the other party has violated the order, documenting the violation and reporting it to law enforcement is an important first step, and your attorney can help you pursue any related legal action.
Can a protective order affect child custody in Texas?
Yes. A protective order can lead to immediate changes in custody or possession, including supervised visitation or a temporary suspension of contact, especially when the order names the children as protected persons. Texas courts weigh a protective order heavily when determining what arrangement serves a child’s best interest.
Can I fight a protective order filed against me?
Yes. Being served with an application does not mean the order will automatically be granted — you have the right to appear at the hearing, present evidence, and challenge the allegations. Because a protective order can affect your parental rights and your firearm rights, contacting an attorney as soon as you’re served is important.
Client Testimonials
Clients across San Antonio and Bexar County have trusted the Gilbert Law Office during some of the most stressful moments of their lives. Here’s what they have to say.
The Gilbert Law Office serves clients throughout San Antonio and Bexar County from our office on Bandera Road in San Antonio. We also serve clients in Boerne and Kendall County from our Dominion/Boerne office. If your safety or your parental rights are at stake, don’t wait to reach out.