On this page
In Texas, protective orders and restraining orders are separate legal tools. The main difference between a restraining order and a protective order is their purpose. A protective order is used to protect a person from family violence, threats, stalking, sexual assault, or similar conduct. A temporary restraining order (TRO) in a divorce or custody case usually stops one or both parties from taking certain actions while the case is pending.
Both can arise in the same family dispute, but they address different problems. Below, we explain what each order does, when to use it, how the court process works, and what happens when someone ignores it.
Is a Protective Order the Same as a Restraining Order?
No. Although people often use the terms interchangeably, Texas law treats them as distinct forms of court relief.
The mix-up is easy to understand. Both orders come from a judge, and both tell someone what they cannot do. They differ in their purpose, the laws behind them, how you get them, and how they are enforced.
That difference matters most if you are facing family violence, because asking for a “restraining order” is not the same as asking the court for protection. A divorce TRO might stop a spouse from draining a joint account, but it isn’t designed to provide the safety protections of a protective order. If your physical safety is at risk, ask specifically about a protective order.
What Is a Protective Order in Texas?
A protective order is a civil court order intended to protect a person from family violence (often called domestic violence), dating violence, or other qualifying conduct by another person. Texas law establishes the requirements for obtaining a protective order and the types of protections a court may grant.
Depending on the circumstances, a judge may prohibit the other person from:
- Committing family violence
- Threatening or harassing the protected person or their family members
- Going within a set distance of the protected person’s home, workplace, or a child’s school or daycare
- Communicating with the protected person, except in ways the court allows
- Possessing a firearm while the order is in effect
In some cases, the order can also address who stays in the family home, temporary possession of the children, and child or spousal support. Even so, the main goal is safety. A protective order is not designed to divide property or decide the long-term outcome of a custody dispute, although it can affect those issues for a period of time.
What Is a Restraining Order in Texas?
In a family-law case, when people talk about a restraining order, they usually mean a temporary restraining order (TRO). A TRO is a short-term court order that tells a party not to take certain actions until the judge can hold a fuller hearing.
Texas Family Code § 6.501 allows courts to issue TROs in divorce cases to protect the parties and preserve property. Section 105.001 allows similar temporary relief in cases involving children. Common restrictions include:
- Selling, transferring, or hiding marital property
- Emptying bank or retirement accounts
- Taking on unusual debt
- Removing a child from the county or state
- Changing a child’s school or daily routine
- Destroying or concealing records or property
Some divorce TROs also bar harassing or threatening communication between spouses. Still, most TROs filed early in a Texas divorce focus on money, property, and children rather than physical safety.
A temporary restraining order (TRO) is intended to provide short-term protection while a legal matter is pending. Its duration depends on the circumstances and the court’s order. Before it expires, the court may hold a hearing to determine whether additional temporary protections, such as a temporary injunction or other temporary orders, are appropriate.
Protective Order vs. Restraining Order: Key Differences
| Comparison | Protective Order | Restraining Order / TRO |
| Primary purpose | Protect a person from violence, threats, stalking, or other qualifying conduct | Prevent specific conduct or preserve the status quo while a case is pending |
| Common family-law context | Family violence, dating violence, threats, or stalking | Divorce, custody, property, financial, or child-related disputes |
| What it may restrict | Contact, threats, and coming near protected people or places | Moving property, withdrawing funds, relocating children, changing schools, or disposing of assets |
| Is physical violence required? | Not always; threats and other qualifying conduct may support certain orders | No; a TRO can address financial, property, and parenting conduct |
| Enforcement | Certain violations can carry criminal consequences | Usually enforced by the family court, including through contempt |
| How long it lasts | Depends on the type of order and the circumstances | Short-term; longer temporary relief may follow after a hearing |
| Tied to a divorce or custody case? | Not necessarily | Frequently, but not always |
The simplest way to keep these straight:
- A protective order mainly addresses safety.
- A restraining order mainly addresses conduct during a lawsuit.
- The right remedy depends on what you need the court to stop.
What Types of Protective Orders Are Available in Texas?
Magistrate’s Order of Emergency Protection
A magistrate may issue an emergency protective order following an arrest for certain offenses, including cases involving family violence, stalking, or sexual assault. The order provides immediate, short-term protection for the victim, with its duration depending on the circumstances and applicable legal requirements. An emergency protective order is separate from a protective order that a person requests through civil court.
Temporary Ex Parte Protective Order
“Ex parte” means a judge may issue an order without the other person being present or having an opportunity to respond beforehand. When an application demonstrates an immediate risk of family violence, a court may issue a temporary protective order to provide prompt protection. The order remains in effect for the period specified by the court and may be extended when permitted by law.
Final Protective Order
After the other person receives notice and the court holds a hearing, a judge may issue a final protective order if the legal requirements are met. This may include a finding that family violence has occurred and is likely to occur again. The duration of a final protective order depends on the circumstances and applicable legal requirements. Some orders may remain in effect for an extended period, particularly when serious offenses or injuries are involved.
What Are the Types of Restraining Orders in Texas?
Temporary Restraining Order
The TRO is the first and shortest form of restraint in most family cases. A court may sometimes grant one without giving the other party advance notice when the legal requirements are met.
Temporary Injunction
A temporary injunction comes after notice and a hearing. It can remain in place longer, often until the case is resolved. Once the judge signs a final divorce decree or custody order, that final order replaces it.
Temporary Orders in a Family-Law Case
Texas family courts also issue temporary orders on conservatorship, possession and access, child support, spousal support, and use of property while a case is pending. People often lump these together with “restraining orders,” but they serve a broader role. In a Texas child custody case, temporary orders often set the parenting schedule that applies until the court enters final orders.
A Note on Standing Orders
Some Texas counties use standing orders that automatically apply certain restrictions once a divorce or custody case is filed. Unlike a TRO, neither party has to request a standing order.
How to Get a Restraining Order in Texas
A TRO is usually requested as part of a divorce or custody case. In general, the process looks like this:
- Identify what needs to be stopped or preserved, such as a bank account, a home, or a child’s current school.
- File the underlying case, or ask for relief in a case that is already pending.
- Request specific temporary restrictions and explain why each one is needed.
- The judge reviews the request and decides whether to grant a TRO.
- At a later hearing, the court decides whether to continue, change, or end the restrictions.
The details of each request matter. In a contested divorce or a case involving complex property division, the scope of temporary restrictions can become a major issue early on.
How Do You Get a Protective Order in Texas?
A protective order case starts with an application describing the family violence or other qualifying conduct and the protection requested. The application can be filed on its own or as part of a pending divorce or custody case.
If the application shows immediate danger, the court may grant temporary protection before the full hearing. At that hearing, both sides can present evidence. The judge then decides whether to issue a final protective order and what it should cover, which may include the residence, the children, and contact between the parties.
Can You Have Both a Protective Order and a Restraining Order?
Yes. Because these orders address different concerns, they can exist side by side in the same family dispute. For example, a protective order might bar a spouse from coming near the other spouse’s home or workplace, while a TRO in the divorce separately bars both spouses from selling the family car or closing joint accounts.
One order does not automatically replace the other. When more than one order is in place, read each one carefully, since they may have different terms, different end dates, and different consequences for violations.
What Happens if Someone Violates the Order?
Protective Order Violations
Under Texas Penal Code § 25.07, violating certain terms of a protective order is a criminal offense. Law enforcement can respond, and the person who violated the order may be arrested and prosecuted. Penalties depend on the facts and any prior violations.
Restraining Order Violations
A violation of a TRO or temporary orders is usually handled by the court overseeing the divorce or custody case. The judge may hold the person in contempt of court, which can lead to fines or jail time, and may order other remedies. Police generally do not enforce a civil TRO the same way they enforce a protective order.
This is one of the most practical differences between the two. If you need police to be able to step in, a protective order is generally the remedy designed for that purpose.
Frequently Asked Questions About Protective Orders
What is the difference between a protective order and a restraining order in Texas?
A protective order is meant to keep someone safe from family violence, threats, stalking, or similar behavior. A restraining order, usually a TRO in a divorce or custody case, limits specific actions involving money, property, or children until the judge can hear the case.
Is a protective order the same as a restraining order?
No. People often mix up the terms, but Texas law treats them separately. They serve different purposes, follow different court procedures, and use different enforcement methods.
What are the different types of restraining orders in Texas?
In family law, the main types are temporary restraining orders, temporary injunctions, and temporary orders. Some counties also have standing orders that take effect automatically when a family case is filed.
How do you get a restraining order in Texas?
You typically request one through a divorce or custody case and explain what conduct needs to stop and why. The judge decides whether to grant it, and a later hearing determines whether it continues.
Can a restraining order protect you from family violence?
A divorce TRO may limit harassing or threatening behavior, but it does not offer the same safety protections or police enforcement as a protective order. If you are facing family or domestic violence, a protective order is usually the better fit.
Need Immediate Court Protection or Temporary Relief? Talk to Mims Ballew Hollingsworth
The right legal remedy depends on what is happening and what you need the court to prevent. Some situations call for a protective order, others for a TRO or temporary orders, and some require a combination. If you are in immediate danger, call 911 first.
When safety is the main concern, a Fort Worth protective order lawyer at Mims Ballew Hollingsworth can help you request the protection Texas law allows. If you are dealing with property, finances, or parenting issues during a separation, a Fort Worth divorce attorney or Southlake divorce attorney on our team can help you pursue temporary relief that keeps things stable while your case moves forward. Contact Mims Ballew Hollingsworth to talk through your options.