If you are in a divorce or custody dispute and need legal boundaries in place, filing a restraining order may help. In comparison, many people confuse restraining orders with protective orders. They serve very different legal purposes in Texas. While it is often used in family law to prevent harassment, protect property, or stop one parent from relocating with a child. The restraining order process for civil harassment cases also provides protection when the threat comes from someone outside the family, like a neighbor or acquaintance.
Here’s what you need to know about how to file a restraining order in Texas, when it applies, and how it differs from other forms of legal protection.
What Is a Restraining Order in Texas?
A restraining order is a temporary order issued by a civil court, often during family law matters like less toxic divorce, custody disputes, or property disagreements. If violated, a restraining order does not carry criminal consequences, but the court can enforce it through civil contempt proceedings.
These orders are usually filed with an original petition for divorce or custody, and they may:
- Prohibit a spouse from emptying joint bank accounts
- Prevent a parent from removing a child from school
- Block the sale of marital property
- Bar communication between parties outside of legal counsel
Unlike protective orders, restraining orders do not involve allegations of physical violence or abuse. They are intended to maintain fairness and reduce conflict while the case is ongoing.
Who Can File a Restraining Order?
Restraining orders and functions are often filed by one party in a family law case, such as spouses in a contested divorce, parents involved in custody or visitation disputes, or parties fighting over marital or joint property. You do not have to prove physical harm or threats. You must clearly explain what behaviors you want to stop and why the order is needed. Courts evaluate the situation based on the details provided and the risk of future harm or a Civil harassment restraining order.
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How to File a Restraining Order in Texas (Step-by-Step)
If you believe a restraining order is appropriate for your situation, here’s how to get started:
File a Civil Petition
You must file a petition in civil court, usually as part of a larger legal case such as divorce or a contested child custody. Your attorney will include a request for a restraining order in your original petition or file a temporary restraining order (TRO) alongside it.
Draft the Restraining Order Language
The court typically needs specific language outlining what the other party is being restrained from doing. This may include:
- Contacting you outside of legal channels
- Moving children out of state
- Selling or transferring property
- Disrupting utility services
Be as specific as possible to help the judge understand the need for the order.
Present the TRO to the Court
You (or your attorney) will present the request to the judge. If granted, the temporary restraining order usually lasts up to 14 days. It takes effect once the opposing party has been served.
The court will also set a hearing date to decide whether the temporary order should become a temporary injunction, which can remain in place throughout the lawsuit.
Attend the Hearing
At the hearing, both parties will present their arguments. If the judge finds that ongoing restrictions are justified, they may issue a temporary injunction that stays in place until the court hearing resolves or modifies the case.
A well-prepared restraining order can offer crucial protection during your case, so following each step carefully and working closely with your attorney is essential.
Restraining Order vs. Protective Order: What’s the Difference?
While they may sound alike, a restraining order is a civil tool used during lawsuits, not a criminal response to violence. A protective order may be more appropriate if you are in immediate danger or facing threats. Protective orders are enforceable by law enforcement and can lead to arrest if the order is violated. Restraining orders, on the other hand, address conduct in legal representation disputes such as divorce or custody. They help establish boundaries, reduce conflict, and maintain fairness while your case moves through the court system. Understanding the difference is an essential first step.
Need Help Filing a Restraining Order?
Suppose you are involved in a divorce, custody case, or property dispute and need legal boundaries in place. In that case, BB Law Group can help you file a restraining order that protects your rights during litigation. Our domestic violence attorneys in Texas will walk you through the process and advocate for a resolution that keeps things fair and controlled. Our team is here to help you understand your rights and take the first step toward securing the necessary benefits.
To schedule a consultation, contact us here or call (832) 534-2589.
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