Mother protects daughter and seeking legal help after understanding difference between protective order and restraining order by blair parker law

3 Key Differences in a Protective Order vs. Restraining Order

If you find yourself facing constant emotional abuse or physical abuse, you don’t have to put up with it. Taking proper legal action now will help keep you and your loved ones safe!

Consider this sobering statistic: 34.5 percent of women and 35.1 percent of men in the state of Texas have experienced a form of domestic violence in their lifetime, according to figures cited by The National Coalition Against Domestic Violence (NCADV). You are not alone in your situation.

No one has the right to abuse you, no matter what your abuser says or how that person makes you feel. When you’ve done all you can think of to protect yourself or others around you or feel that there’s no way out of your situation, just remember that you have legal options.

The key is understanding how to legally pursue protection, which requires understanding the differences between a protective order and restraining order in the state of Texas.

Should You Pursue a Restraining Order or Protection Order?

People often mistake the terms “restraining order” and “protective order” as meaning the same thing to protect yourself from physical abuse. As a result, many people think that a restraining order is the best option to find legal protection from their abuser. But, you actually need to pursue a protective order.

I encourage you to find help right away if the abuse is out of control and causing harm. You don’t have to put up with abuse for another minute! As a family law attorney, I can help you start the legal process of filing for a protective order.

So, don’t hesitate to call my offices to find help navigating the Texas legal system. In the meantime, I would like to provide you with more information on the differences between the two types of orders.

Protective Order vs. Restraining Order in Texas

– A protective order is designed to protect you from your abuser, whether emotionally or physically. The order will prevent your abuser from coming anywhere near you or your other family members such as your children. This includes keeping the abuser from your home, work, or any other place that the court deems appropriate. If the offender attempts to violate the order, they can be arrested and jailed immediately.

These are the different types of protective orders in Texas:

  • Protective Order. Can last up to two years. Offenders can be arrested if violated.
  • Temporary Protective Order. Normally good for 14 days and granted when the court believes that you may be in danger. Offenders can be ordered to vacate the home, but not necessarily arrested if a violation occurs.
  • Emergency Protective Order. Can be issued for 90 days, is issued after the abuser has been arrested, and offenders can be arrested if violated.

– By comparison, a restraining order is a more literal court order that typically keeps a person from taking certain actions or “restraining” them from doing something. Orders of this type are usually issued during situations such as a divorce to prevent someone from canceling needed utilities or destroying personal items in a home or damaging automobiles.

There are three main types of restraining orders in Texas:

  • Temporary Restraining Order (TRO). Lasts up to 14 days, offenders can face a contempt of court charge if they violate the order, and the order can be issued to the offender without notice.
  • Temporary Injunction. Lasts as long as ordered by the court. Offenders must be officially given notice of the order and appear in court.
  • Permanent Injunction. Lasts as long as the court requires, but it can last indefinitely. Offenders must be given notice of the order and appear in court.

Key Differences Between Protective and Restraining Orders

1. Protective orders are issued to stop someone from causing you verbal, emotional, or physical harm. This can be any type of abuser, stalker, or someone else who presents a threat to you or your family members.

2. Restraining orders can be issued for the same reasons as a protective order in rare cases. However, restraining orders are typically used to prevent someone from performing some sort of action, such as causing property damage.

3. With a protective order, the offender can be arrested and face jail time if they violate the order. A protective order can also include instructions for the offender to give up any weapons they might own that could pose a threat.

Where to Find Help Filing a Protective Order in Texas

If you are currently involved in a potentially dangerous domestic situation, first try to get to safety, and then contact me. As a family law expert, I can help you walk through the legal process of filing for a protective order. It’s not enough to simply obtain a restraining order.

I’ll stand with you filing the proper legal documents, building your case, and representing you in court. You don’t have to take physical abuse anymore. I have helped hundreds of people in Brazoria County, Fort Bend County, and Harris County find protection through a protective order.

Shield yourself and your family from abuse by reaching out to me today. Call my offices at 281-944-5485 or 979-267-7660 to discuss your specific situation. I look forward to helping you.