Protective Orders | Protective Order Lawyer Texas

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Understanding Protective Orders in Texas

Navigating the legal landscape of protective orders in Texas can be daunting. At Ilarraza Law, our experienced lawyers work with you toward a resolution that allows safety and peace of mind.

What is the Difference Between a Restraining Order and a Protective Order in Texas?

In Texas, the terms “restraining order” and “protective order” are often used interchangeably, but they serve different purposes. A protective order is a legal document issued by a court to protect individuals from abuse, threats, or harassment. It typically involves situations of family violence, dating violence, stalking, or sexual assault. A restraining order, on the other hand, is generally broader and can be used in various legal disputes, including divorce and property matters. For example, a restraining order may prevent a spouse from removing the other from his or her health insurance plan during the pendency of a case.

Many people search for “restraining order” when they actually need a “protective order” under Texas law. Your attorney can help you understand this distinction to ensure you receive the proper legal protection.

How to File a Protective Order in Texas

Filing a protective order in Texas involves several steps, and our protective order attorneys at Ilarraza Law are here to help you find clarity in this process:

  1. Filing the Application: The process begins with filing an application for a protective order. This can be done at your local courthouse or with the assistance of your attorney. 
  2. Temporary Orders: If the situation is urgent, the court may issue a temporary order to provide immediate protection until a full court hearing can be held.
  3. Court Hearing: Both parties will attend a court hearing where the judge will hear evidence and determine whether a final protective order should be issued.
  4. Final Order: If granted, a final protective order can last up to two years, with the possibility of extension.

While these steps provide a simplified overview of the process for filing a protective order, we recognize that this can be a challenging and often intimidating time for our clients. Our role is to guide you through this journey, helping you understand your options and find the best solution to achieve the most favorable outcome. 

Protective Order & Texas Requirements

To obtain a protective order in Texas, you must meet certain criteria which include:

  • Relationship to the Abuser: The abuser must be a family member, household member, or someone you have/had a dating relationship with.
  • Evidence of Threat or Harm: You must provide evidence of family violence, dating violence, stalking, or sexual assault.
  • Jurisdiction: The application must be filed in a court that has jurisdiction over the area where you or the abuser lives.

Ensuring that you meet all the requirements can feel overwhelming and sometimes even impossible. If you have any questions about your options, please don’t hesitate to reach out to our team. We are here to provide answers and support.

Services We Offer

At Ilarraza Law, we have experience with various types of protective orders, including:

  • Emergency Protective Orders: Immediate protection following an arrest for family violence.
  • Temporary Protective Orders: Short-term protection until a court hearing.
  • Permanent Protective Orders Texas: Long-term protection, typically lasting up to two years.

Frequently Asked Questions

Who serves a restraining order? In Texas, protective orders are typically served by law enforcement officers.

How much is a restraining order in Texas? There is no fee for filing a protective order in Texas if you are a victim of family violence, stalking, or sexual assault. If you work with an attorney their fees would be something to discuss at your consult. 

How to put a restraining order on someone in Texas? To place a protective order, you need to file an application with the court, detailing the abuse or threats.

How long does a restraining order last in Texas? A final protective order can last up to two years, with the possibility of extension under certain circumstances.

How do you get a restraining order in Texas? You can obtain a protective order by filing an application with the court and attending a court hearing.

What are the rules for a protective order in Texas? The rules include not contacting the victim, staying away from the victim’s home, workplace, or school, and not possessing firearms.

Contact Us for Your Protective Order Questions

If you have questions about protective orders or need legal assistance, contact us at Ilarraza Law. Our dedicated and compassionate team is here to help you navigate the complexities of protective order laws in Texas.

About Ilarraza Law

At Ilarraza Law, we focus solely on family law matters, providing compassionate and personalized legal support to clients in Flower Mound and throughout Denton and Collin County. Whether you’re navigating divorce, child custody, adoption, or other family law related issues we are here to help. Contact us to schedule a consult or call our office at 214-646-3253. 

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