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In Texas, courts issue both restraining orders and protective orders to safeguard individuals, but they serve distinct legal purposes. When comparing a restraining order vs protective order, it’s important to understand the key differences. A protective order is typically issued in response to threats, abuse, or violence and can carry criminal consequences if violated. In contrast, a restraining order is often used in civil cases—such as divorce—to prevent certain actions like disposing of property or contacting the other party, without triggering criminal penalties. Knowing how each order functions is essential when facing threats, harassment, or legal disputes, ensuring you seek the appropriate form of protection through the courts.
Understanding the difference between protective orders and restraining orders in Texas helps when dealing with legal matters involving threats, harassment, or violence. Courts issue these orders to prevent harm, but they serve different purposes and follow different legal processes.
What Is a Protective Order?
A protective order helps protect individuals from abuse, threats, or harassment. Texas law allows these orders in cases involving family violence, stalking, sexual assault, and human trafficking.
Who Can Get a Protective Order?
Courts issue protective orders to individuals facing immediate danger. This includes:
- Spouses or former spouses
- People in dating relationships
- Household members
- Victims of sexual assault, stalking, or trafficking
The person seeking protection must prove that abuse, threats, or harassment have occurred and may continue.
Types of Protective Orders
Texas courts grant different types of protective orders based on the situation.
Temporary Ex Parte Protective Order
This order offers immediate protection before a full court hearing. Judges grant these when there is a clear danger of harm. It lasts up to 20 days, but courts can extend it if needed.
Final Protective Order
This order follows a court hearing where both parties present evidence. It can last up to two years, but courts may extend it in cases of severe or repeated violence.
Magistrate’s Order for Emergency Protection (MOEP)
Commonly issued after an arrest for family violence, stalking, or sexual assault, this order lasts between 31 and 91 days. Victims, law enforcement, or prosecutors can request it.
What Does a Protective Order Do?
A protective order can require the offender to:
- Stop harming or threatening the victim
- Stay away from the victim’s home, workplace, or school
- Avoid all communication with the victim
- Surrender firearms
Violating a protective order can lead to criminal charges, fines, or jail time.
What Is a Restraining Order?
A restraining order is a civil order used in lawsuits to prevent a person from taking specific actions. Unlike a protective order, it does not involve criminal penalties.
When Do Courts Issue Restraining Orders?
People request restraining orders in civil cases, including divorce, child custody disputes, and business disagreements. These orders prevent someone from:
- Selling or destroying property
- Taking a child out of state
- Harassing or threatening another party involved in the case
How Long Do Restraining Orders Last?
Restraining orders remain in effect until the court case ends or the judge removes them. They do not carry automatic criminal penalties for violations unless the court enforces them through contempt charges.
Key Differences Between Protective and Restraining Orders
Understanding the differences between these orders helps when deciding which one applies to a situation.
| Feature | Protective Order | Restraining Order |
|---|---|---|
| Purpose | Prevents harm from threats, abuse, or harassment | Limits actions in a civil lawsuit |
| Who Can Request It? | Victims of family violence, stalking, sexual assault, or trafficking | Anyone involved in a civil case |
| Issued In | Criminal or family courts | Civil courts |
| Legal Consequences | Criminal charges for violations | Contempt of court penalties |
How to Get a Protective Order in Texas
People needing protection must follow specific steps when requesting a protective order.
Step 1: File an Application
The victim files an application with the district or county court in the county where they live or where the abuser lives. Legal aid organizations and district attorneys often help with this process.
Step 2: Attend a Hearing
If the judge grants a temporary order, a full hearing follows. The person seeking protection presents evidence, and the other party can respond. If the judge finds enough proof of danger, they issue a final protective order.
Step 3: Enforce the Order
Once issued, law enforcement and courts enforce the order. Victims should keep a copy with them and report violations immediately.
How to Get a Restraining Order in Texas
Restraining orders follow different legal steps.
Step 1: File a Petition
A party involved in a civil case files a petition with the court requesting a restraining order.
Step 2: Judge’s Decision
The judge reviews the request and grants the order if they find it necessary to prevent harm or unfair advantage in the case.
Step 3: Enforce the Order
The court monitors compliance. If a party violates the order, the other party can request enforcement through contempt proceedings.
What Happens If Someone Violates These Orders?
Protective Order Violations
Violating a protective order leads to criminal charges. Offenders may face:
- Arrest
- Fines
- Jail time
- Additional protective measures
Restraining Order Violations
Violating a restraining order results in civil penalties. Courts may:
- Issue fines
- Hold the violator in contempt
- Modify court orders to protect the other party
Do You Need an Attorney?
While individuals can request protective and restraining orders without legal representation, an attorney can help with paperwork, evidence, and court hearings. Legal aid organizations also assist victims of domestic violence.
Final Thoughts
In Texas, understanding the distinction between a restraining order vs protective order is essential when seeking legal protection. A protective order is designed to shield individuals from abuse, threats, stalking, or harassment and can carry serious criminal consequences if violated. On the other hand, a restraining order typically arises in civil matters—such as divorce or property disputes—and aims to prevent certain actions like transferring assets or contacting the other party, without triggering criminal charges. Recognizing the specific purpose and legal weight of each order ensures that individuals pursue the appropriate remedy for their situation.
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