October 14, 2020

What is the Difference Between a Restraining Order and Protective Order?

Protective Order versus Restraining Order

A Protective Order and Restraining Order have common purpose: to keep a person from hurting or harming you or performing certain acts.

Also, both orders are signed by a Judge/Court.

However, these two Orders have differences. They differ in purposes, length of time, and the consequences of violation.

See below for the differences between these two orders.

Specifically prohibits family violence – threats of immediate harm or injuries, assaults, harassment, etc.
There must be a finding family violence to be an issue (meet the 2 elements: violence has occurred and will likely occur in future).
Specific to violence against household members.
The standard is preponderance of evidence (i.e. more likely than not).
Must submit evidence of abuse.
Emergency Protective Order is available; for example, if the abuser had just been incarcerated, you don’t need further evidence.
It can lasts for up to 2 years.
You may request for an order with or without a hearing, i.e. temporary ex-parte protective order.
Order can exclude an abuser who lives in the house to vacate.
It may include temporary child support, access, and possession.
How to apply for restraining order is in Texas Family Code Chapter 82.

Offers protection for a person, their children, and their property and assets.
It is not specific to family violence. Therefore, you don’t have to prove that you are a victim.
More common in divorces or suits affecting parent-child relationships (SAPCRs).
The Order restrains a person or entity from certain acts like hiding a child, taking money from joint account, or harassment.
It may be with or without a hearing/notice.
The available restrictions are in Texas Family Code Chapter 6.501.

If you need legal assistance with filing for a restraining order or getting a protective order, call us.

Our office phone number is (832) 529-1255.