Texas Protective Order vs Restraining Order — Key Differences
Table of Contents
Free, Confidential Case Review
Tell us what happened. A defense attorney reviews every submission — usually within an hour, day or night.
Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Core distinction
- Restraining Order in Texas. Typically refers to civil court orders, particularly Temporary Restraining Orders (TROs) under Texas Rules of Civil Procedure 680. Issued during civil proceedings (often divorce). Limited scope and duration.
- Protective Order in Texas. Refers to family violence orders under Texas Family Code Chapter 85, stalking protective orders under CCP Chapter 7B, or sexual assault protective orders under CCP Chapter 7A. Statutory framework. Substantial consequences.
Detailed comparison
| Feature | Restraining Order (TRO) | Protective Order |
|---|---|---|
| Source | Texas Rules of Civil Procedure 680 | Family Code Ch. 85 or CCP Ch. 7A/7B |
| Context | Usually within civil case (divorce) | Standalone statutory order |
| Duration | 14 days; one 14-day extension | Up to 2 years; lifetime in some cases |
| Issuance Standard | Probable injury showing | Family violence finding |
| Ex Parte Allowed | Yes | Yes for temporary order |
| Standard of Proof | Preponderance + irreparable harm | Preponderance + family violence |
| Violation Consequence | Civil contempt typically | Penal Code §25.07 criminal offense |
| Firearm Surrender | Not typically required | Required (Family Code §85.022(d)) |
| Federal Firearm Prohibition | Generally no | Yes — 18 USC §922(g)(8) |
| Filing Fee | Part of civil case | Free for family violence |
| Background Check | Civil record | Often shows on criminal background |
| Immigration Consequences | Generally limited | Can be substantial |
Restraining orders in divorce context
Most common Texas "restraining order" — divorce TRO:
- Standard terms. Texas Family Code §6.501 — prohibits both parties from
- Damaging marital property
- Hiding or transferring marital assets
- Harassing or threatening other spouse
- Removing children from Texas
- Excluding spouse from residence
- Disrupting children's lives
- Discontinuing utilities or insurance
- Mutual order. Both spouses bound
- Limited to civil consequences if violated. No criminal charges typically
- Lasts through divorce. Until final decree
- Replaced by divorce decree terms after final
Protective orders — substantial consequences
Family violence protective orders produce major life consequences:
- Federal firearm prohibition. 18 USC §922(g)(8) — substantial penalty
- Texas firearm surrender required. Family Code §85.022(d)
- Criminal violation exposure. Penal Code §25.07 — Class A misdemeanor to third-degree felony
- Custody implications. Texas Family Code §153.004 rebuts JMC presumption
- Employment background checks. Often revealed
- Professional licensing. Healthcare, education, government, finance affected
- Immigration consequences. Can affect status
- Public record
- VA benefit implications for veterans
- Federal employment restrictions
When each is appropriate
- TRO appropriate when. Civil case pending; specific limited need; non-criminal context; lower stakes
- Protective order appropriate when. Family violence occurred; ongoing safety concerns; need for substantial protection; criminal-context safety
Sometimes both pursued in parallel — divorce TRO addressing civil concerns while protective order addresses family violence safety.
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Frequently Asked Questions
What's the difference between protective order and restraining order in Texas?
Protective Order: statutory family violence order (Family Code Ch. 85) — substantial consequences including federal firearm prohibition, criminal violation exposure, custody implications. Restraining Order: typically TRO in civil case (often divorce) — limited civil consequences only.
Which is worse, a Texas protective order or restraining order?
Protective Order has more substantial consequences — federal firearm prohibition (18 USC §922(g)(8)), Penal Code §25.07 criminal violation exposure, custody implications, immigration consequences, employment effects, professional licensing impact.
Does a Texas TRO require firearm surrender?
Generally no — TROs in civil context don't typically require firearm surrender. Protective orders (Family Code §85.022(d)) require firearm surrender. Federal prohibition (18 USC §922(g)(8)) typically applies only to protective orders, not standard TROs.
Are TRO violations criminal in Texas?
TRO violations typically civil contempt only. Protective order violations criminal under Texas Penal Code §25.07 — Class A misdemeanor (up to 1 year jail) up to third-degree felony with prior violation conviction.
Can I have both a TRO and protective order in Texas?
Yes — sometimes pursued in parallel. Divorce TRO addressing civil concerns (asset preservation, custody) and family violence protective order addressing safety. Different purposes; different procedural frameworks; can coexist.
References & Statutes
Related Posts
Was this article helpful?
Talk to a real attorney
Send a few details and a defense attorney will reach back within an hour, day or night. No call center. No paralegal screen.
