What Is a Restraining Order? Texas Family Code Definitions
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Table of Contents
Texas terminology vs other states
| Common Term | Texas Equivalent |
|---|---|
| Restraining order | Several distinct orders |
| Domestic violence restraining order | Protective Order (Family Code Chapter 85) |
| Civil harassment restraining order | Civil Harassment Order or similar |
| Workplace restraining order | Various civil remedies |
| Elder abuse restraining order | Family Code Chapter 86 |
| Stalking restraining order | Stalking Protective Order (CCP Chapter 7B) |
Texas distinguishes "restraining" from "protective"
- "Restraining" typically refers to civil court orders. Particularly during divorce — Rule 680 TRCP TROs
- "Protective" refers to family violence statutory orders. Family Code Chapter 85
- Outside Texas, terms often used interchangeably
- Inside Texas, important to use right terminology
- Both restrict specific conduct. Differ in procedural framework
Key Texas Family Code definitions
- Family violence (§71.004). Act intended to result in physical harm, bodily injury, assault, or sexual assault, OR threat causing reasonable fear of imminent harm
- Dating violence (§71.0021). Family violence in dating relationship context
- Family or household member (§71.005-71.006). Includes spouses, ex-spouses, family members, foster parents/children, household members
- Member of dating relationship (§71.0021). Continuing romantic or intimate nature
- Protective order (Chapter 85). Court order protecting from family violence
What restraining/protective orders accomplish
- Specific conduct prohibitions. No contact, no harassment, no threats
- Geographic restrictions. Distance from protected person, residence, work, school
- Exclusive use of residence. Sometimes
- Custody and visitation provisions. When children involved
- Firearm surrender. Texas Family Code §85.022(d), federal 18 USC §922(g)(8)
- Counseling requirements. Sometimes
- Pets included. Texas Family Code §85.022(b)(7)
- Vehicle restrictions sometimes
- Communication channel restrictions. No texts, calls, social media
Have a Texas legal question?
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Frequently Asked Questions
What is a restraining order?
Court order limiting specific conduct toward another person. In Texas, "restraining order" commonly refers to civil court orders (Rule 680 TROs during divorce). "Protective order" refers to family violence statutory orders (Family Code Chapter 85). Terms used interchangeably outside Texas.
Is a restraining order the same as a protective order in Texas?
Technically no — Texas distinguishes. "Restraining" typically civil court orders during divorce (Rule 680 TROs). "Protective" refers to family violence orders (Family Code Chapter 85). Both restrict conduct but different procedural frameworks.
What is family violence under Texas law?
Texas Family Code §71.004: Act intended to result in physical harm, bodily injury, assault, or sexual assault, OR threat causing reasonable fear of imminent harm. Doesn't require physical injury for threat-based family violence. Includes dating violence (§71.0021).
Can pets be included in a Texas protective order?
Yes — Texas Family Code §85.022(b)(7) allows protective orders to include pets. Includes companion animals; protects from harm, removal, or threats to pets. Recognition that abusers sometimes target pets to control or threaten victims.
What does a Texas restraining order do?
Restricts respondent's specific conduct: no contact directly or indirectly, geographic distance restrictions, residence exclusion, firearm surrender (Texas Family Code §85.022(d), federal 18 USC §922(g)(8)), custody provisions, counseling requirements. Violations are separate criminal offense under Penal Code §25.07.
