Protective Orders are one of the most severe and serious aspects of Texas Family Law. Once granted, they are supposed to protect the safety and even lives of the person applying. Beyond that, they carry some important penalties for someone that a Protective Order is placed on. It ensures that they are not going to see their child on a regular basis or have any involvement in their child's life decisions. We have found that different Judges in different Courts vary widely in granting them. Today it has now gotten more difficult to get them in other parts of Texas as well as Austin. Houston is considered one of the more difficult places to get one, although the Court in Harris County certainly does give them out.
Both Temporary Restraining Orders and Protective Orders “restrain” someone by restricting their liberties; however, a Protective Order is much more restrictive and has worse consequences if it is violated. A protective order is used in cases involving domestic violence. It prohibits the offender from injuring or attempting to injure the victim and/or the victim’s children. A protective order may also include provisions for geographical restraint or cut off communications, but the restrictions depend on the court ruling for each case. Most importantly, if the offender violates the order, it is a criminal offense and taken very seriously.
On the other hand, restraining orders in Texas are often used in divorce cases. They prevent certain actions by the divorcing parties while the divorce is going through, such as one party incurring new debt or speaking poorly of the other party in front of their children. The consequences of breaking a restraining order are not as serious as those of breaking a protective order; the offense is reported to the court, and the court can decide how to proceed. Thus breaking a restraining order is not necessarily a criminal offense – although it can be if the court rules as such.
Thankfully, federal law requires that protective orders must be upheld if you move to another state or U.S. territory as long as the abuser received notice that he had the opportunity to present his side of the story in court (it doesn’t matter if he actually went or not, just that he was given the opportunity). This provision means your protective order issued in Texas is still valid if you move or travel to another state and vice versa. The order, if violated, will be enforced by the law in whatever state you are in.
A protective order helps protect victims of domestic abuse from further harm. It is not the same as a restraining order because it can often be more restrictive and has harsher consequences if violated. It may be “just a piece of paper, ” but they often deter further crimes because abusers know they could easily end up in prison. If you or someone you know is in danger of being harmed, it is important that he or she obtains protection immediately. Feel free to contact us right away if you have further concerns.