Being served with court papers can be terrifying. In Texas, the terms "protective order" and "restraining order" are often used interchangeably, but they are fundamentally different legal tools. Understanding this difference is the first critical step in protecting your rights. The distinction boils down to one core concept: safety versus behavior.
A protective order is a serious legal shield created by a criminal or family court. Its sole purpose is to protect someone from family violence, sexual assault, or stalking. It carries the full weight of the criminal justice system. A restraining order, on the other hand, is a civil court order, usually issued during a lawsuit like a divorce. It’s designed to manage conduct—like preventing a spouse from draining a bank account—not to stop physical violence.
Understanding the Fundamental Differences
When you’re handed a stack of legal documents, the formal language can be confusing and intimidating. But you don’t have to face this alone. The first step is to identify exactly what you're dealing with. Knowing whether you have a protective order or a restraining order will completely change how you need to respond and build your defense.
A protective order is a heavy hitter. It's directly tied to accusations of violence or credible threats of harm. Because the stakes are so high—your safety or your freedom—these orders are handled with the weight of potential criminal consequences.
A restraining order, officially known as a Temporary Restraining Order (TRO) in Texas, is a civil matter. Its main job is to press pause and keep things as they are (preserve the "status quo") during a lawsuit. It’s there to stop someone from taking certain actions, but it doesn't carry the immediate criminal punch of a protective order.
Quick Comparison: Protective Order vs. Restraining Order in Texas
Let's break it down in plain English. This side-by-side comparison highlights the key differences so you can quickly understand how each order functions in the Texas legal system.
| Feature | Protective Order | Restraining Order (TRO) |
|---|---|---|
| Primary Purpose | To prevent future family violence, stalking, or sexual assault. | To maintain the current situation during a civil lawsuit (e.g., divorce). |
| Legal Basis | Texas Family Code & Code of Criminal Procedure. | Texas Rules of Civil Procedure. |
| Court Type | Criminal or Family Court. | Civil Court (often Family Court for divorces). |
| Core Requirement | Proof that family violence has occurred and is likely to occur again. | A claim that harm could occur to a person or property without the order. |
| Violation Penalty | Criminal offense; immediate arrest and potential new charges. | Civil contempt of court; fines or jail time after a hearing. |
The most critical takeaway is this: Violating a protective order is a crime that can lead to your immediate arrest. Violating a restraining order, while serious, is a civil matter that results in a contempt of court hearing, not an automatic criminal charge.
If you are facing either of these legal actions, the worst thing you can do is panic or ignore it. At The Law Office of Bryan Fagan, PLLC, we have defended countless Texans against both protective and restraining orders. We understand the fear and uncertainty you're feeling, and we are here to dissect the allegations, prepare you for your hearing, and fight to protect your freedom and reputation.
What Is a Texas Protective Order
In Texas, a protective order is much more than a piece of paper—it's a powerful legal command from a court designed to stop family violence, stalking, or sexual assault. Think of it as a legal shield built to protect a person's physical safety when a real threat of harm exists. Unlike a restraining order, which often deals with civil issues like divorce assets, a protective order is based on the Texas Family Code and is backed by the full force of the criminal justice system. Violate one, and you could be facing immediate arrest and new criminal charges.
When someone files for a protective order, they are telling a judge two things: that family violence has already happened, and they have a good reason to believe it will happen again. This isn't about a dispute over money or property; it's about preventing physical harm, harassment, and abuse.
Who Can Seek a Protective Order
Not just anyone can walk into a courthouse and get a protective order. Texas law reserves this for people who have been victims of family violence. This typically includes:
- Family Members: Spouses (current or former), parents, children, and other relatives.
- Household Members: Anyone who lives or has lived in the same home.
- Dating Partners: People who are in or were in a dating relationship.
- Victims of Specific Crimes: Any victim of sexual assault, stalking, indecent assault, or trafficking can seek an order, regardless of their relationship to the offender.
The person asking for the order is the "petitioner," and the person it’s filed against is the "respondent." You can find a deeper explanation in our guide on what is a protective order in Texas.
The Legal Standard for Approval
A judge won't grant a final protective order based on suspicion alone. The petitioner has to meet a specific legal standard of proof at a court hearing.
First, they must prove that family violence has occurred. Under the Texas Family Code, "family violence" is a broad term. It includes not just physical assault but also threats that put a family member in fear of immediate harm, injury, or sexual assault.
Second, the petitioner must convince the judge that family violence is likely to occur in the future. The court will look at the entire history of the relationship, the severity of past incidents, and any patterns of behavior to make this decision.
A protective order isn’t granted over a simple disagreement or a bad breakup. The court requires concrete evidence that a real threat exists, which makes a strong defense against false or exaggerated claims absolutely essential.
Types of Protective Orders You May Face
It's crucial to know exactly what kind of protective order you've been served with, as each type has a different purpose and timeline.
- Emergency Protective Order (EPO): Also called a Magistrate's Order of Emergency Protection (MOEP), this is often issued by a judge right after an arrest for family violence or stalking. It can last from 31 to 91 days and is frequently put in place automatically, before you even have a chance to tell your side of the story.
- Temporary Ex Parte Order: This is a short-term order, usually lasting up to 20 days, granted by a civil court. It’s called "ex parte" because it's issued based only on the petitioner's sworn statement claiming an immediate danger exists, long before you are notified or get to appear in court.
- Final Protective Order: This is the most serious. It’s only issued after a full court hearing where both sides can present evidence, call witnesses, and make their cases. If granted, a Final Protective Order typically lasts for two years, though in extreme cases, it can be extended. These orders are common; from 2021 to 2023, Texas courts issued approximately 162,497 protective orders.
Understanding a Texas Restraining Order
While a protective order is a legal shield against violence, a Texas restraining order operates in a different world—the civil court system. In legal terms, we’re almost always talking about a Temporary Restraining Order (TRO). Its main job isn't to prevent an assault but to maintain the current state of affairs, or the "status quo," while a lawsuit is going on.
This makes it a common and powerful tool in emotionally charged civil cases like divorces or child custody battles. The purpose of a TRO is to stop one person from taking actions that could harm the other side financially or emotionally while the case is pending. Think of it as a judge hitting the pause button to ensure neither side can unfairly change the circumstances before a final decision is made. It's less a shield against violence and more a set of ground rules for behavior.
The Civil Purpose of a TRO
Unlike a protective order, which requires proof of past family violence, a TRO is issued based on the need to prevent potential harm to a person or property during a civil case. It's governed by the Texas Rules of Civil Procedure, not the criminal code. This means the legal standard and the consequences for violating it are entirely different.
A TRO can be used to prohibit a wide range of actions. In a divorce, for example, a TRO can stop your spouse from:
- Draining a joint bank account or maxing out credit cards.
- Selling shared property like the house or a car.
- Taking your kids out of their school or moving them out of state without permission.
- Harassing you, your family, or your employer with endless calls or texts.
- Changing insurance beneficiaries or cutting off utilities at the family home.
Essentially, it preserves the marital estate and encourages everyone to act civilly until the court can sort things out.
A Temporary Restraining Order is fundamentally a tool of preservation. Its goal is to stop financial chaos and disruptive behavior, ensuring a fair and orderly process as a civil case moves forward.
How a Restraining Order is Obtained
Getting a TRO is a civil process. Typically, one party's attorney files a petition with the court at the start of a lawsuit (like a petition for divorce). This petition must explain why the order is necessary to prevent "irreparable harm" to a person or property.
It’s common for a judge to sign a TRO on an ex parte basis—meaning, without you even being there—based on the written request alone.
However, this initial order is extremely short-lived. The law requires a hearing to be scheduled quickly, usually within 14 days. At that hearing, both sides get to present their arguments. The judge will then decide whether to dissolve the TRO or convert it into a Temporary Injunction, which can last for the entire lawsuit. While people often use these terms interchangeably, it's crucial to know the difference. You can learn more about these key differences between restraining and protective orders in Texas.
Consequences for Violating a Restraining Order
This is one of the biggest distinctions in the protective order vs restraining order Texas debate. If you violate a protective order, you can be arrested on the spot and face a new criminal charge.
Violating a TRO, however, is not an immediate criminal offense. Instead, it’s considered civil contempt of court. If you believe the other party has ignored the TRO, you have to file a Motion for Enforcement with the court. A hearing is then set where you must prove the violation occurred. If the judge agrees, they can impose penalties like fines or, in serious cases, order jail time until the person agrees to comply.
Comparing Protective Orders and Restraining Orders
To truly understand the difference between a protective order and a restraining order in Texas, you have to look at them side-by-side. On the surface, they both involve a court telling someone what they can and can't do. But that’s where the similarities end.
Their purpose, the laws that govern them, and the consequences for breaking them are worlds apart. One is a shield against physical violence, rooted in criminal law. The other is a civil tool designed to keep things fair during a lawsuit. Getting this distinction right is the first step in building a solid legal strategy, whether you're seeking an order or fighting one.
Primary Purpose: Safety vs. Status Quo
The biggest difference comes down to why each order exists.
A Protective Order has one primary goal: to stop future acts of family violence, sexual assault, or stalking. It's a legal barrier meant to protect someone's physical safety. A judge will only grant one when they believe a real, credible threat of harm exists. It’s about preventing a crime.
A Temporary Restraining Order (TRO) is all about keeping things stable—or preserving the "status quo"—during a civil lawsuit, most often a divorce. Its job is to stop one person from selling shared property, emptying joint bank accounts, or harassing the other party while the case is pending. It's about civil procedure.
This flowchart shows how a TRO is directly tied to an ongoing lawsuit.
As you can see, the lawsuit itself triggers the TRO, which then puts civil rules in place to manage behavior and assets until the case is resolved.
Let's break down the key differences in a quick-reference table.
Protective Order vs. Restraining Order in Texas At a Glance
This table breaks down the essential differences between a Texas Protective Order and a Temporary Restraining Order (TRO) across key legal categories.
| Criteria | Protective Order | Restraining Order (TRO) |
|---|---|---|
| Main Goal | Prevent family violence, stalking, sexual assault. | Preserve the status quo during a civil lawsuit (e.g., divorce). |
| Legal Basis | Texas Family Code & Code of Criminal Procedure. | Texas Rules of Civil Procedure. |
| Court Type | Can be issued by criminal or civil courts. | Exclusively issued by civil courts. |
| Proof Needed | Evidence that family violence has occurred and is likely to occur again. | A claim of "irreparable harm" to person or property. |
| Violation Penalty | Criminal offense. Can lead to immediate arrest and new criminal charges (Class A Misdemeanor or Felony). | Civil contempt of court. Requires a hearing; penalties are fines or jail time, but no new criminal record. |
| Firearm Restriction | YES. Prohibits possessing a firearm. | NO. Does not automatically restrict firearm ownership. |
This table makes it clear: these are two very different legal instruments with vastly different stakes.
Legal Authority and Court System
Where the order comes from matters just as much as what it does. This distinction dictates the rules of the game and how serious the penalties are.
- Protective Orders are governed by the Texas Family Code and the Code of Criminal Procedure. They can come from either a criminal or a civil court and are deeply connected to the criminal justice system.
- Restraining Orders (TROs) fall under the Texas Rules of Civil Procedure. They are purely a creature of the civil court system and have no direct criminal teeth.
The legal foundation of a protective order is criminal law, focusing on safety and preventing illegal acts. A restraining order's foundation is civil procedure, focusing on fairness and order during litigation.
Standard of Proof: What You Have to Prove
To get an order, you have to convince a judge it’s necessary. But the bar is set at very different heights for each.
For a Final Protective Order, the person asking for it must prove that family violence has occurred and is likely to occur again. This isn't a hunch; it requires real evidence of past abuse or credible threats.
For a TRO, the burden of proof is much lower. The petitioner just needs to claim they will suffer "irreparable harm" to their person or property if the order isn't granted. It’s a far more subjective standard to meet.
Consequences of a Violation
This is probably the most critical distinction for anyone who gets served with an order. What happens if you break it?
Violating a Proteotive Order is a criminal offense. The police can arrest you on the spot, and you’ll face a brand-new criminal charge. This is typically a Class A Misdemeanor, which carries penalties of up to a year in jail and a $4,000 fine. If you violate it more than once, the charge can be bumped up to a felony.
Violating a Restraining Order is civil contempt of court, not an automatic crime. For anything to happen, the other party has to file a motion to enforce, and a hearing must be held. If the judge finds you in contempt, they can order fines or jail time, but it won’t create a separate criminal record.
While finding Texas-specific data is tough, restraining orders are a common legal tool across the country. One study estimated that 1.2 million domestic-violence restraining orders were issued in a single year through civil courts, showing just how prevalent they are. You can read more about national restraining order statistics to see how these legal tools are used nationwide.
How These Orders Can Impact Your Life
Whether you've been served with a protective order or a restraining order, the consequences ripple far beyond the courtroom, often changing your daily life in an instant. It’s critical to understand the full scope of these impacts to make smart decisions and protect your future. These orders aren't just pieces of paper; they are legally binding directives with serious, real-world power.
The fallout from a protective order is especially severe. Because it’s tied to allegations of violence, the law treats it with the utmost seriousness, creating a chain reaction that can touch nearly every part of your life. A restraining order, while civil, also imposes significant restrictions, particularly on your financial and personal freedom during a lawsuit.
The Life-Altering Effects of a Protective Order
When a judge issues a protective order against you, a series of restrictions are immediately locked into place. These aren't suggestions—they are legal commands you must follow to the letter.
Key impacts include:
- Loss of Second Amendment Rights: Under both Texas and federal law, a final protective order automatically prohibits you from possessing a firearm or ammunition. You will be required to surrender any guns you own.
- Child Custody and Visitation: A protective order can drastically alter your relationship with your children. A judge can use it as grounds to limit or deny your custody rights, often ordering that any visitation must be supervised.
- Housing and Employment Hurdles: Protective orders are public records and will appear on background checks. This can make it incredibly difficult to pass employment screenings, rent an apartment, or even get a loan.
- Direct Link to Criminal Charges: The order itself is often connected to an underlying criminal case, such as assault family violence. Violating the order in any way—even with a simple text message—is a brand-new crime.
A protective order is not a private matter. It becomes part of your public record, creating a lasting stigma that can follow you for years, affecting your career, your housing, and your most important personal relationships.
The Immediate Impact of a Restraining Order
While a Temporary Restraining Order (TRO) doesn't carry the same criminal weight, its impact is felt immediately, especially in a divorce. It’s designed to freeze your assets and control your behavior while the case moves forward.
A TRO can instantly:
- Freeze Your Finances: It can prevent you from accessing funds in joint bank accounts, using credit cards, or making significant financial decisions without court approval.
- Restrict Access to Property: You can be ordered to stay away from the family home or prevented from selling shared property, like vehicles or investments.
- Control Communication: A TRO often includes rules about how you can communicate with the other party, limiting contact to specific topics, like the children.
Violating these terms won't lead to an immediate arrest, but it can result in a finding of civil contempt, which carries fines and even potential jail time.
The consequences for violating an order are severe, and you can learn more about what happens if you face a violation of a protective order in Texas in our detailed guide. When navigating these sensitive legal matters, understanding the importance of maintaining client confidentiality is paramount, as the information involved is deeply personal and can have lasting effects on your case.
Your Next Steps After Being Served an Order
Getting served with court papers is jarring. One moment, you're going about your day; the next, you're holding a document that can flip your world upside down. Whether it's a protective order or a temporary restraining order (TRO), that initial shock and anxiety is normal. But what you do next is absolutely critical.
The most important rule—and we cannot stress this enough—is to strictly comply with every single term of the order. It doesn't matter if you believe it's unfair or based on lies. Follow it to the letter.
Violating a protective order, even in a way that seems minor, can lead to your immediate arrest and a new criminal charge. If it’s a TRO, a violation could land you with civil contempt penalties, like fines or jail time. Ignoring the papers or breaking the rules is the fastest way to turn a bad situation into a catastrophe.
Preparing for Your Day in Court
Those papers you were served will include a court date for a hearing. This isn't a suggestion; it's a mandatory appearance where a judge will listen to both sides and decide whether to make the order permanent. This is your chance to present evidence, tell your side of the story, and defend your rights.
Whatever you do, don't skip it.
If you fail to show up, the judge will almost certainly issue a "default judgment," granting the other party everything they asked for without you getting a say. This is why having a skilled attorney on your side is so important. An experienced lawyer knows how to build your case from day one.
Evidence you might need to gather includes:
- Text messages or emails that provide context or contradict the petitioner's claims.
- Relevant photos, videos, or social media posts.
- Statements from witnesses who can support your version of events.
- Financial records or other key documents, especially in a TRO case involving assets.
Contesting the Allegations
How you fight back in court depends entirely on which type of order you're facing.
When fighting a protective order, the entire defense revolves around challenging the core accusation: that family violence has occurred and is likely to happen again. Your attorney will cross-examine the petitioner, highlight inconsistencies in their story, and present evidence to argue that the legal standard has not been met.
With a restraining order, the hearing is about the proposed injunction. Your defense will focus on showing that the restrictions the petitioner wants are unfair, unnecessary, or too broad. For instance, you might argue that freezing a joint bank account isn't needed and will cause you undue hardship.
Being served an order does not make you guilty. It means you’ve been accused. The court hearing is your constitutional right to mount a defense and ensure the judge hears both sides of the story.
Trying to navigate this process alone is incredibly risky. The rules of evidence are tricky, and the stakes are sky-high. Having the right legal team in your corner can make all the difference. To get a better handle on what's involved, you can learn more about protective order legal representation in Texas.
Common Questions About Texas Protective & Restraining Orders
When you're dealing with a protective or restraining order, the legal jargon can feel overwhelming. Let's cut through the noise and answer some of the most common questions we get from clients in plain English.
Can the Person Who Filed a Protective Order Just Drop It?
No, it's not that simple. Once a protective order is filed, especially if it’s connected to a family violence arrest, the decision is no longer up to the petitioner. It's in the hands of the judge and the state prosecutor.
Even if the person who filed it has a change of heart and asks to dismiss it, the judge can refuse. If the court believes there's still a risk of violence, the order will likely stay in place. Your only real option is to show up to the hearing and defend yourself.
What if I Accidentally Contact Them?
The law has zero tolerance for "accidental" contact. A text sent to the wrong person, a "like" on a social media post, or running into them in a prohibited place can all be considered violations.
There's no gray area. Any violation can lead to your immediate arrest and a new criminal charge for Violation of a Protective Order. That's a Class A Misdemeanor, and if it happens again, it can be bumped up to a felony.
How Long Does a Final Protective Order Last in Texas?
A standard Final Protective Order in Texas typically lasts for two years.
However, judges have the authority to extend that period. In cases involving serious felonies or if the respondent caused serious bodily injury, an order can be issued for much longer—sometimes even for life. The petitioner also has the right to ask the court to renew the order before it expires.
Will a Temporary Restraining Order (TRO) Show Up on a Background Check?
Usually, no. A civil TRO won't appear on a standard criminal background check because it’s a civil, not a criminal, matter. That said, it is a public court record, so it can be found if someone runs a deep-dive civil court search.
A Protective Order is a different story. It is far more likely to appear on all kinds of background checks, creating serious roadblocks when you apply for a job, housing, or a loan.
If you’ve been charged with a crime in Texas, call The Law Office of Bryan Fagan, PLLC for a free and confidential consultation. Our defense team is ready to protect your rights.
