Restraining and Protective Orders in Divorce and Family Law Cases
In a divorce case, either during a divorce or after a divorce, a restraining order may be sought for several reasons. Some of the reasons why a person may seek a restraining order in a divorce or post-divorce matter include the following:
- A spouse is refrained from entering the marital home.
- A spouse is refrained from entering a vehicle of the marriage.
- A spouse is changing insurance policy coverage.
- A spouse is spending unwisely or giving away property.
- A child is being threatened or placed in harm by a parent
If you feel you need a protective order to stop family violence, please contact your local District Attorney’s office to obtain an application or call our office immediately. A protective order may be sought by our office to stop an abuser from continuing acts of violence, threatening, harassing, or stalking.
We represent clients throughout Denton, Wise, Cooke, and Tarrant County in a wide range of divorce and family law matters, including motions for protective orders and motions for a restraining order. We also represent clients who oppose motions for protective orders and motions for a restraining order.
Contact a Lawyer
If you need help in seeking or opposing a restraining order, contact attorney Chrysandra S. Bowen.
Frequently Asked Questions:
Q. What is a restraining Order?
A. A restraining order is a court order that prohibits a person from engaging in behavior that has been restrained by the court. Failure to comply with the terms of a restraining order can result in a contempt proceeding in which the aggrieved party may ask a court of law to find the restrained party in contempt.
Q. What is a Protective Order?
A. A protective order is a court order from a judge that makes one person stay away from another. The order can make someone stay away from your home, school, place of work, and other places that are important to you.
Q. What’s the difference between a protective order and a restraining order?
A. Both types of orders can direct a person to stay away from your home and place of employment and to not be violent with you. However, only a protective order is criminally enforceable, meaning that the abuser can be arrested and charged with a criminal offense for violating the order. This means that if someone violates a protective order, the police can be called to come immediately to help you be safe. The person violating the protective order can be arrested immediately and risks serving time in jail.
If someone violates a restraining order, you have to go to court and ask a judge for a hearing to decide whether the person actually violated the restraining order. The police cannot arrest someone for violating a restraining order; you must go back to the judge who issued the restraining order to enforce it.
If you are looking for immediate protection, you probably need a protective order, not a restraining order.
Q. Do I have to be married to the person I want an order against?
A. No. You also meet the relationship requirement if you and the abuser are divorced, lived together, had a child together (even if you weren't married), or had a dating relationship or if you and the abuser are related by blood or marriage. Foster parent and foster child also meet the relationship requirement.
Q. Do I have to go to court to get a protective or ex parte restraining order?
A. Yes. The person you want an order against must be served - receive personal notification of your application for a protective order - and be given the opportunity to show up for court on the hearing day and object to the order.
Q. Can I get a protective order because of mental abuse?
A. No. You must show that family violence -- physical abuse (pushing, shoving, slapping, hitting, kicking, choking, or any other act intended to cause physical harm) or the threat of imminent physical abuse (the person is able and likely to follow through) -- has occurred and is likely to occur in the future. Mental abuse and emotional abuse are not part of the definition of family violence in the Texas Family Code.
Q. What can a protective order do?
A. It can order the abuser to stay 200 yards away from where you live or work. It can also order the abuser not to commit family violence or threaten you or harass you or threaten you through someone else. The abuser can also be ordered not to possess any weapons.
Q. What can a restraining order do?
A. A restraining order can be issued to refrain a spouse from entering the marital home, entering a vehicle of the marriage, changing insurance, spending unwisely, retrain from harassing contact, and denying access to a child of the marriage.
Q. How long does a protective order last?
A. A protective order can be in effect for up to two years.
Q. How long will it take to get a protective order?
A. Once a Emergency, Ex Parte Motion is filed, a judge will make a decision whether or not to grant a temporary protective order (TPO) or an ex parte restraining order very quickly. The TPO will state that the person accused of abuse (the respondent) must stay away from you until the final hearing. If the TPO or TRO is granted, a hearing will be set within two weeks. The respondent will be served and have the opportunity to give evidence why a final order should not be granted. After this formal hearing, the judge will decide whether a protective order or restraining order should be granted. These orders normally last from one to two years. They can be renewed.