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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.

Protective Order

  • 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.

Restraining Order

  • 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.

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