Restraining orders and protective orders in Texas are similar but not exactly the same. They are both legal tools used to protect people from harm. However, some key differences exist in how they work and when they’re used.
Understanding protective orders
Protective orders in Texas aim to safeguard individuals from family violence, which includes physical harm, sexual assault or threats. The court determines if there is domestic violence and then issues a court order. Protective orders can impose various limitations on the offender, such as prohibiting contact with the victim, removing firearms and requiring the offender to vacate a shared residence.
Understanding restraining orders
A restraining order is also a legal tool used in civil cases. It can prevent someone from engaging in specific actions, such as selling property or taking children out of state, while a legal case is ongoing. Unlike protective orders, restraining orders do not necessarily involve threats of violence or harm.
Because the law surrounding protective orders can be complex, and each situation is different, you should seek legal help if someone has filed for a Protective Order against you. An attorney can explain how the law applies to your situation and can help you protect your rights.
While restraining and protective orders aim to provide safety and prevent harm, they serve different purposes and are used in different contexts. Understanding the distinction between the two is important for anyone who has to deal with these orders.
