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Restraining Orders Vs Protective Orders In Texas

Restraining Orders Vs Protective Orders In Texas

In Texas, both restraining orders and protective orders serve to protect victims of family violence, dating violence, or stalking. However, there are distinct differences between the two that are important to understand.

Restraining orders are civil orders issued by a court to prohibit a person from engaging in certain conduct, such as contacting or harassing the protected person. These orders are typically issued in cases involving domestic disputes, but they can also be used in cases involving non-family members.

Protective orders, on the other hand, are court orders that prohibit a person from committing family violence, dating violence, or stalking against a victim. These orders are issued under the Texas Family Code and can be granted on a temporary or permanent basis. Protective orders can also include provisions related to child custody, visitation, and support.

The primary difference between restraining orders and protective orders is the level of protection provided. While restraining orders prohibit certain conduct, they do not specifically prohibit violence or abuse. Protective orders, on the other hand, are specifically designed to protect victims of family violence, dating violence, or stalking by prohibiting the perpetrator from committing any further acts of violence or abuse.

Protective Orders

Under Texas law, protective orders can only be issued if there is a finding of family violence, dating violence, or stalking. Family violence is defined as an act by a member of a family or household against another member that results in physical harm, bodily injury, assault, or a threat of imminent harm. Dating violence is defined as an act of violence committed by a person who is or has been in a dating relationship with the victim. Stalking is defined as conduct that causes a victim to fear for their safety or the safety of a family member.

In the case of In re A.R.T., 220 S.W.3d 307 (Tex. App.—Dallas 2007, pet. denied), the court held that protective orders are designed to protect victims of domestic violence and to prevent future acts of violence. The court also noted that the burden of proof in protective order cases is lower than in criminal cases, and that the court can issue a protective order even if there is not enough evidence to convict the perpetrator of a crime.

Restraining Orders

Restraining orders, on the other hand, can be issued for a variety of reasons, including harassment, trespassing, and property damage. These orders are typically issued in civil cases and are designed to protect a person’s property or personal rights. Restraining orders can also be issued in cases involving workplace harassment or stalking.

In the case of De La Paz v. Vasquez, 190 S.W.3d 153 (Tex. App.—Corpus Christi 2005, no pet.), the court held that restraining orders are intended to prevent harm to a person or their property and to maintain the status quo until a final judgment can be entered.

In conclusion, both restraining orders and protective orders serve important functions in Texas courts. However, protective orders provide a higher level of protection to victims of family violence, dating violence, or stalking by specifically prohibiting the perpetrator from committing any further acts of violence or abuse. Restraining orders, on the other hand, are intended to prevent harm to a person or their property and to maintain the status quo until a final judgment can be entered. It is important for victims of family violence, dating violence, or stalking to seek the protection of a protective order, as it provides the strongest legal remedy for these types of situations. See Stalking Protective Order below for more information

Stalking Protective Order

Stalking is a serious issue that affects many individuals in Texas. According to the Texas Family Code, stalking is defined as a course of conduct directed at a specific person that would cause a reasonable person to feel fearful or harassed. A stalking protective order is a court order that is issued to protect victims of stalking from further harassment or harm. In this blog, we will discuss the requirements for obtaining a stalking protective order in Texas, the types of stalking protective orders, and the consequences of violating a stalking protective order.

Requirements For Obtaining A Stalking Protective Order

To obtain a stalking protective order in Texas, a person must file a petition with the court. The petition must allege that the person has been a victim of stalking and that they are in immediate danger of further harm. The Texas Family Code defines stalking as a course of conduct that is directed at a specific person and would cause a reasonable person to feel fearful or harassed. The course of conduct must consist of two or more acts within a 12-month period, including:

  • Following the victim
  • Communicating with the victim in a threatening or harassing manner
  • Making threats to the victim or their family
  • Damaging the victim’s property
  • Obtaining information about the victim
  • Monitoring the victim’s activities

The petition must also include specific information about the respondent, including their name, address, and any other identifying information that is known.

Types Of Stalking Protective Orders

There are two types of stalking protective orders in Texas: ex parte orders and final orders.

Ex parte orders are temporary orders that are issued without a hearing. To obtain an ex parte order, the petitioner must provide evidence that they are in immediate danger of harm. The court will then issue a temporary order that is effective for up to 20 days. The respondent will be notified of the order and given an opportunity to appear in court for a hearing.

Final orders are issued after a hearing in which both the petitioner and the respondent have an opportunity to present evidence. To obtain a final order, the petitioner must prove that they have been a victim of stalking and that they are in immediate danger of further harm. The order can be effective for up to two years and can be renewed if necessary.

Consequences Of Violating A Stalking Protective Order

Violating a stalking protective order in Texas can result in criminal charges. The Texas Family Code provides that a person who violates a stalking protective order can be charged with a Class A misdemeanor. A Class A misdemeanor is punishable by up to one year in jail and a fine of up to $4,000.

Case Law

There have been several cases in Texas involving stalking protective orders. One notable case is In re V.P., in which the court held that a stalking protective order can be issued even if the respondent has not committed a criminal offense. In this case, the petitioner alleged that the respondent had engaged in a course of conduct that would cause a reasonable person to feel fearful or harassed. The court held that this was sufficient to issue a stalking protective order, even though the respondent had not committed a criminal offense.

Conclusion:

Stalking is a serious issue that affects many individuals in Texas. To obtain a stalking protective order, a person must file a petition with the court and allege that they have been a victim of stalking and that they are in immediate danger of harm. There are two types of stalking protective orders in Texas: ex parte orders and final orders. Violating a stalking protective order can result in criminal charges. It is important for victims of stalking to seek the protection of the court if they are in danger. For more information on Restraining Orders and or Protectives Orders in Texas, contact the Daniel Ogbeide Law.

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