Family Violence Bond Conditions in Hays County: What They Mean and What Happens if One Is Broken

October 12, 2026

Family violence bond conditions in Hays County are rules a magistrate attaches to release, such as no contact with the alleged victim, staying away from set places, no firearms and, in some cases, GPS monitoring. They start when the person is released and last until a court changes them. Breaking one can be a new criminal offense.

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What are family violence bond conditions in Hays County?

Family violence bond conditions in Hays County are rules a magistrate sets as part of release on bond after a family violence arrest. Common ones are no contact with the alleged victim, staying away from a home, school or workplace, no firearms and GPS monitoring. They apply from release until a court changes them.

These conditions sit on top of the bond itself. Posting bail gets the person out of the Hays County Jail. The conditions decide what they can and cannot do once they are out. For a family, that often means hard questions straight away: where the person will sleep tonight, how children get picked up, who can collect clothes from the house. This guide explains the rules so everyone knows where they stand. If you need help with the bond itself, our page on family violence bail bonds in San Marcos explains how we help.

What counts as family violence in Texas?

The legal definition sits in Section 71.004 of the Texas Family Code. In short, it is harm, or a real threat of harm, aimed at someone in the same family or household. Certain abuse of a child in the household counts too, and so does dating violence.

That is why these cases include spouses, former partners, parents, adult children, roommates and people who are dating. The charge is often assault. Our article on assault charges in Hays County explains the levels of that charge.

Which bond conditions can a magistrate set?

After an arrest, Texas law says the person must be taken before a magistrate no later than 48 hours later. Hays County’s magistrate court holds these hearings seven days a week, and its listed duties include setting bond conditions and obtaining emergency protection orders. The general steps from arrest to release are in our guide to how bail bonds work in Hays County.

Conditions the law names for family violence cases

Article 17.49 of the Code of Criminal Procedure lets a magistrate require any of these for a person charged with an offense involving family violence:

• Stay-away zones. Staying away from places the alleged victim goes often, such as a home, school or workplace.
• GPS monitoring. Wearing a GPS device that reports the person’s location. The defendant pays for it, and a reduced amount can be set for a person who cannot afford it.
• An alert device for the alleged victim. Only if the alleged victim agrees. It warns them if the defendant comes near a restricted place, and they can ask the magistrate to end their part in it at any time.
• No tracking. No following or monitoring the alleged victim’s car or property, by app, device or in person, without consent.

Other conditions

Texas law also lets a magistrate set any reasonable condition related to the safety of the alleged victim or the community. Hays County Judicial Services lists standard conditions such as reporting to Judicial Services after release, staying arrest-free, and avoiding alcohol and drugs with testing. Its electronic monitoring unit watches GPS devices 24 hours a day, 7 days a week.

What is a magistrate’s order for emergency protection?

A magistrate’s order for emergency protection, often called an EPO, is a court order issued at the bond hearing to protect the alleged victim. It is separate from the bond, and it takes effect as soon as it is issued.

Who it protects

A magistrate can issue one on their own, or when asked by the alleged victim, the victim’s guardian, a peace officer or the prosecutor. The alleged victim does not have to be at the hearing. The magistrate must issue one when the family violence arrest involved serious bodily injury, or the use or exhibition of a deadly weapon during an assault.

The order can protect the alleged victim and members of their family or household. It can bar the defendant from:

• committing family violence or an assault on the protected person
• threatening or harassing communication, directly or through someone else
• going to or near the protected person’s home, workplace or a child’s school or child care facility
• possessing a firearm, with a narrow exception for some peace officers
• tracking the protected person’s car or property

The clerk sends a copy to the alleged victim no later than the next business day.

How long it lasts

Under Article 17.292, as changed in 2025, an order issued on or after September 1, 2025 usually lasts at least 61 days and up to the 91st day after it is issued. When the arrest involved the use or exhibition of a deadly weapon during an assault, it lasts at least 91 days and up to the 121st day. Orders issued before that date ran 31 to 61 days, or 61 to 91 days.

Nobody can give permission to break it

This is the part families most often get wrong. The order carries a warning, required by law, that no person, including the person it protects, may give permission to ignore it. If the protected person invites the defendant home, the order still applies. Only the court can change it.

What happens if a bond condition is broken?

Breaking a family violence bond condition, or an emergency protection order, can lead to a new charge, a revoked bond and, after a hearing, being held without bail.

A new offense

Penal Code Section 25.07 makes it an offense to break a family violence bond condition or protective order when the condition relates to someone’s safety. The acts it lists include:

• committing family violence
• communicating with the protected person in a way the order forbids
• going to a place the order names
• possessing a firearm
• removing or tampering with a GPS monitor
• tracking the protected person’s car or property

It is normally a Class A misdemeanor, which carries up to a year in jail and a fine up to $4,000. It becomes a third-degree felony if the person has two or more earlier convictions for it, or if the violation involved an assault or stalking. For offenses on or after September 1, 2025, breaking the order or condition while possessing a deadly weapon can make it a state jail felony.

Losing the bond, and bail being denied

If a court finds a safety condition was broken, it must revoke the bond and send the person back into custody. Article 17.152 goes further: in some cases, after a hearing, a judge or magistrate can deny bail to a person charged with breaking a family violence bond condition or protective order.

Can bond conditions be changed?

Only by the court. Hays County Judicial Services states that bond conditions can only be removed by court order. Whether to ask for a change, and how, is the court’s decision and a legal question a bail bond company cannot answer.

Until a judge signs a change, every condition stands, even if both people want things to go back to normal. If a condition makes daily life hard, such as a shared home or shared children, write down exactly what the paperwork says and keep a copy where you can see it.

Release can take longer in family violence cases

For arrests on or after September 1, 2025, Texas law says a person arrested without a warrant to prevent family violence shall be held for four hours after bond is posted, when there is probable cause to believe the violence will continue. A magistrate can extend that hold in limited circumstances. The Hays County Jail also says it cannot give a specific time for any release. Plan for a wait. To find out where someone is held, use our Hays County Jail inmate search guide.

What to do next

Find out whether bail has been set, then ask for a copy of the bond conditions and any emergency protection order, and read them together. The fee for a bond is set case by case; our guide to what a bail bond costs in Hays County explains how fees work, and qualified applicants may be eligible for payment plans. If you will sign for the bond, read co-signing a bail bond first.

When you are ready, our family violence bail bonds in San Marcos page explains how we work, or you can start a bail bond online. We are open 24 hours a day, 7 days a week, across Hays County, and se habla español.

This page is general information, not legal advice, and it may not fit your situation. Bail law and local procedures change; the sources below show where each fact came from. Bobcat Bail Bonds is a bail bond company, not a law firm. We cannot give legal advice and we do not recommend lawyers.