The Short Answer
After a family violence arrest in Collin or Denton County, you’ll be booked into jail and brought before a magistrate, usually within 48 hours. The magistrate sets your bond and, in most family violence cases, issues an emergency protective order that keeps you away from the alleged victim and often from your own home for 61 to 91 days. Follow every condition exactly, don’t contact the other person in any way, and talk to a defense lawyer before your first court date.
Hour by Hour: What Usually Happens
The arrest and booking
Officers responding to a family violence call can arrest without a warrant if they believe an assault happened. In practice, many officers make an arrest whenever there’s a visible mark, a 911 call, or two conflicting stories. In Collin County, you’ll typically be taken to the Collin County Detention Facility in McKinney. In Denton County, it’s usually the Denton County Jail. Expect fingerprints, photos, and a property inventory. Calls from jail phones are recorded, so don’t discuss what happened on them.
Magistration and bond
Texas law requires that you see a magistrate without unnecessary delay, and no later than 48 hours after arrest. The magistrate tells you the charge, sets a bond amount, and attaches conditions. In family violence cases, common bond conditions include no contact with the alleged victim, staying away from the residence, and sometimes GPS monitoring. Release can take longer in family violence cases than in other misdemeanors.
The emergency protective order
The magistrate will often issue a magistrate’s order for emergency protection (sometimes called an MOEP or EPO). Since September 1, 2025, these orders last at least 61 days and up to 91 days. If the case involves serious bodily injury or a deadly weapon, they last 91 to 121 days. The order can bar you from:
- Contacting the alleged victim directly or through someone else
- Going within a set distance of their home, workplace, or a child’s school or daycare
- Possessing a firearm while the order is in effect
The order applies even if it’s your home and your name is on the lease or deed. Violating it is a separate crime, and it can lead to a new arrest and a higher bond.
What the Charge Usually Is
Most family violence arrests are charged as assault causing bodily injury, family violence, a Class A misdemeanor punishable by up to a year in jail and a $4,000 fine. The charge becomes a third-degree felony if you have a prior family violence conviction or if police allege you impeded the other person’s breathing or circulation, for example by choking. A “family violence” finding also brings consequences of its own, including firearm restrictions and limits on sealing your record later.
What to Do in the First 72 Hours
- Read your bond conditions and protective order carefully. Keep a copy with you.
- Have no contact at all. No texts, calls, social media messages, or messages passed through friends or family, even if the other person reaches out first or says it’s fine.
- Get your belongings the right way. If you need items from the home, ask the police department about a civil standby. Don’t go back on your own.
- Write down what happened, for your lawyer only. Note times, who was present, and any injuries you had. Don’t post about it or share it with anyone else.
- Preserve evidence. Save texts, photos, call logs, and the names of witnesses. Don’t delete anything.
- Talk to a lawyer before court. A lawyer can ask the court to modify bond conditions or the protective order, contact the prosecutor early, and start building your defense while evidence is still fresh.
Frequently Asked Questions
Can the alleged victim get the protective order lifted?
Not on their own. Only the court can modify or end the order, usually after a hearing. Until then, you’re bound by it, even if the other person wants you to come home. For more on how protective orders work, see our overview of protective orders in Texas.
Will I lose my guns?
While an emergency protective order or similar bond condition is in effect, you generally can’t possess firearms. A family violence conviction can also bring a lifetime federal firearm ban. Possessing a gun in violation of these restrictions is its own offense; learn more about weapons charges.
Do I have to go to court even if the charge seems minor?
Yes. Missing a court date can lead to a warrant and bond forfeiture. Family violence charges are taken seriously by Collin and Denton County prosecutors, even for first offenses.
Talk to a Defense Lawyer Now
Al Rowland has seen these cases from both sides of the table, as a former police officer and a former prosecutor in Colorado, and has defended clients in Collin and Denton County courts since 2015. If you or a family member was just arrested for family violence, early help can make a real difference in bond conditions and the direction of the case. Call (469) 895-6555 for a free, confidential consultation.
Law Office of Al Rowland, PLLC, 6160 Warren Pkwy, Suite 100, Frisco, TX 75034.
This page provides general information, not legal advice. Every case depends on its own facts.
Learn more about our domestic violence defense practice.
