Legal Question in Family Law in Texas

Re: Restraining Order vs. Protective Order

Protective orders have a very low filing fee and can often be obtained with help from the local district attorney. They generally allow the police to arrest the offender at the scene for a violation of a criminal offense and prosecute him through the district attorney instead of being enforced by contempt of court by a private attorney. They are limited in time.

A restraining order is part of a larger suit and might cover much broader areas than the protective order and a TRO (temporary restraining order) is very limited in time, but may be made for the duration of the suit in temporary orders and may become part of the final decision of the Court for all time. Restraining orders may be issued against persons other than family members and are often used in many different kinds of civil litigation.

There are times when I prefer a protective order and times when I prefer restraining orders. Some part of that is judgment as to what is necessary and economically reasonable given the circumstances based upon education and experience.

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