Not all relationships end on a positive or amicable note. Unfortunately, in family situations, stress and bitter feelings can turn to threats and violence. Sometimes, anger and resentment can lead to hiding assets and squandering money. In such cases, understanding the difference between a protective order vs. a restraining order can be crucial for personal safety and legal protection.
Protecting yourself and loved ones during tumultuous times should be a priority. However, understanding how to use the legal system to help protect yourself during this traumatic time can be tricky. How do you know what a protective order vs. a restraining order is, and how do you know which one is right for you?
Protective Orders
When facing a dangerous or tumultuous situation, the last thing you are considering is the legal distinctions between a protective order and a restraining order. However, understanding the differences between these two documents may be essential to keeping you and your family safe.
In Texas, a protective order is filed in court and can protect you against another individual who has been violent or has threatened you. Victims of domestic violence, stalking, or sexual abuse can generally apply for a protective order that prevents the other individual from harming or threatening them. In most cases, a protective order can outline that an individual cannot hurt or threaten the victim, must avoid contact with the victim and their family members, must avoid the victim’s home, school, or workplace, and cannot track or monitor the victim or their personal property.
There are several types of protective orders, including emergency protective orders. It is always safest to consult an experienced attorney to help you navigate the filing process. An attorney can also help you understand how a protective order can apply to your situation.
Restraining Orders
While the name implies it covers similar ground, a restraining order differs significantly. The court can issue a restraining order, especially in civil or family cases, to help stop specific behavior and maintain certain conduct during a legal proceeding, like a divorce. Temporary restraining orders in family court cases can be filed to protect a spouse or child and preserve marital property.
A restraining order outlines how parties can interact with each other and with marital property, such as joint bank accounts. It is a tool to help maintain civility and protect assets subject to division. Your petition for a temporary restraining order only needs to allege that the order is necessary to protect the parties involved or to preserve property, not that you are in any physical danger.
The other significant difference between the two orders is that a protective order lasts longer than a restraining order, depending on the situation’s circumstances. In some cases, a protective order can last for up to two years, and some forms of protective orders are extendable. Restraining orders are generally temporary and may only last weeks to months unless the divorce is high-conflict or contentious.
Penalties for Violating a Protective Order vs. a Restraining Order
Since violence and threats are involved when seeking a protective order, violating one carries more significant penalties than violating a civil or family law restraining order. Violating a protective order can result in an arrest and criminal charges.
Depending on the situation, violating a protective order in Texas can be classified and penalized as:
Class A Misdemeanor
- Fines up to $4,000
- Up to one year of jail time
Third-Degree Felony
- Fines up to $10,000
- Two to ten years in prison
Violating a civil or family restraining order is typically not a criminal offense. Instead, someone must notify the court of the violation, and the judge can arrange a hearing. At that time, the judge can impose financial penalties and additional restrictions on the party violating the order.
A Texas Family Law Attorney Can Help You
You deserve to feel safe no matter what circumstances you face. An experienced Texas family law attorney with Adams Law Firm can review your situation and help you find legal solutions to your issues. We understand how difficult divorce can be and the challenging emotions and family dynamics that can impact families during this time. Whether you are worried about violence or your assets, we can help you navigate the process of filing an order to protect you and your loved ones.
Call our office today at (281) 391-9237 or contact us online to arrange a confidential legal consultation to learn more about the differences between state of Texas protection orders versus restraining orders.
Related Posts:
Win a Restraining Order Hearing in Texas
How to Get an Emergency Custody Order Tips
