Restraining Order (Protective Order) Lawyer in Dallas, TX
“Restraining order” and “protective order” are often used interchangeably, but in Texas they’re technically different legal instruments — and understanding which one applies to your situation matters, since they have different requirements, durations, and consequences.
Protective Order vs. Restraining Order: The Actual Difference in Texas
Protective orders, governed by Texas Family Code Chapter 85, are issued specifically to protect someone from family violence, dating violence, sexual assault, or stalking. They’re the instrument most people mean when they search “restraining order” in a Texas context, and they carry criminal consequences for violation.
Temporary restraining orders (TROs) are a different, more general civil tool — commonly used as part of a pending divorce case to preserve the status quo (for example, preventing either spouse from draining a bank account or removing children from the state) without requiring any allegation of violence at all.
Because the terminology gets used loosely, the first step in any case is identifying which type of order is actually involved — the legal standard, evidence required, and consequences differ significantly between them.
How a Family Violence Protective Order Works
A final protective order under Chapter 85 requires the court to find that family violence occurred and is likely to occur again in the future. Once issued, a protective order can:
- Require the respondent to stay away from the applicant’s home, workplace, school, and any child’s school or daycare
- Prohibit all contact, including calls, texts, emails, and social media messages
- Restrict or prohibit firearm possession
- Address temporary custody, support, or use of a residence in certain cases
Duration: A final protective order generally lasts up to two years. If a specific period isn’t stated in the order, it lasts until the second anniversary of the date it was issued. However, under Family Code § 85.025, a court can issue an order lasting longer than two years — including an effectively lifetime order — if it finds the respondent caused serious bodily injury, or that the respondent has been the subject of two or more prior qualifying protective orders.
Emergency Protection After an Arrest
A Magistrate’s Order of Emergency Protection (MOEP), issued under Tex. Code Crim. Proc. Art. 17.292, is different still — it’s issued automatically by a magistrate at the time of a family violence arrest, before the accused is released from custody, without the accused needing to be present or consent. This is separate from, and can precede, a longer-term protective order application.
Protective Orders Outside a Family Relationship
Not every protective order requires a family or dating relationship. Tex. Code Crim. Proc. Chapter 7B allows protective orders for sexual assault, stalking, and trafficking cases where no family relationship exists between the parties, following a similar procedural framework to family violence orders.
Consequences of Violating a Protective Order
Violating a Texas protective order is a criminal offense, independent of whatever conduct led to the order in the first place — meaning a violation can result in new criminal charges even if the underlying allegation is contested or unresolved.
If You’ve Been Served With a Protective Order
Being served doesn’t mean the order is automatically finalized — Texas law generally allows a hearing before a final protective order is entered, and the person the order is sought against has the right to contest the allegations at that hearing. Missing that hearing, however, can result in the order being granted without your side being heard.
If You Need to Seek a Protective Order
Texas allows an applicant to request a temporary ex parte protective order — issued the same day, without the other party present, if the court finds “clear and present danger” of family violence — which then remains in effect until a full hearing can be held on a final order.
Related Family Law and Criminal Defense Topics
- Divorce in Texas — where TROs commonly arise as part of temporary orders
- Assault & Domestic Violence in Dallas — the criminal case that frequently accompanies a protective order
- Child Custody in Texas — protective orders can directly affect custody and possession arrangements
Frequently Asked Questions
Is a restraining order the same as a protective order in Texas?
Not exactly. “Protective order” is the specific Texas legal term for orders addressing family violence, dating violence, sexual assault, or stalking under Family Code Chapter 85. “Restraining order” is often used colloquially to mean the same thing, but can also refer to a temporary restraining order (TRO) — a different, more general civil tool often used during divorce proceedings.
How long does a Texas protective order last?
Generally up to two years. Courts can issue longer — including effectively lifetime — orders if they find the respondent caused serious bodily injury or has been subject to two or more prior qualifying protective orders.
What happens if a protective order is violated?
Violating a Texas protective order is itself a separate criminal offense, which can result in new charges independent of whatever conduct originally led to the order.
Can I get a protective order the same day I apply?
Yes, in emergency situations. A judge can issue a temporary ex parte protective order the same day, without the other party present, if they find clear and present danger of family violence. This temporary order remains in effect until a full hearing on a final order.
Do I automatically lose my guns if a protective order is issued against me?
A protective order can restrict or prohibit firearm possession — this is a standard provision courts can include under Chapter 85, though the specific scope depends on the terms of the individual order.
What’s a Magistrate’s Order of Emergency Protection?
It’s an order a magistrate issues automatically at the time of a family violence arrest, before the person is released from jail — separate from, and often preceding, a longer-term protective order application.
The content on this page is intended for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this material. Laws vary by jurisdiction and change over time — consult a licensed Texas attorney for advice specific to your situation.