If you’re in the Plano area and you’re looking for information on a protective order, you might be wondering what the difference is between a restraining order and a protective order or even different types of protective orders. Here’s a quick overview to help you understand the difference.
Restraining Order vs. Protective Order
A restraining order is a court order that prohibits someone from contacting or coming near another person. It is used in civil cases and orders someone to do or refrain from doing something to protect property or a child in family cases. A restraining order can be issued against anyone with whom you have had a close relationship, such as a family member, romantic partner, or friend.
A protective order is a type of restraining order that offers additional protections. It orders someone to leave a violence victim alone from harm, threatening or coming near a person for a certain period of time. In addition to prohibiting someone from contacting or coming near you, a protective order can also prohibit the person from possessing a firearm, going to your work or school, or coming near your family members or pets.
To get a restraining order in Texas, you must file a petition with the court. The petitioner must show that they are in fear of bodily injury or death by the respondent. The respondent will then be served with the petition and given an opportunity to respond.
If the respondent does not respond, the court may issue a temporary ex parte restraining order. This means that the respondent was not present at the hearing where the order was issued. An ex parte restraining order is only temporary and will generally last no more than 20 days.
If the respondent does respond to the petition, the court will hold a hearing where both sides can present evidence and argue their case. After considering all of the evidence, the court will decide whether or not to issue a final restraining order.
A final restraining order is effective for up to two years, but it can be extended if necessary. If you need additional protection beyond what a restraining order can provide, you may want to consider filing for a protective order instead.
If you’re in the Dallas area and you’re looking for information on how to protect yourself from someone who has been threatening or harassing you, you might be wondering whether you should file for a restraining order or a protective order. Both types of orders offer similar protections, but there are some important differences to keep in mind. A restraining order is typically used when there is no previous relationship between the petitioner and respondent, while a protective order is typically used when there is an existing relationship between them. A protective order can also offer additional protections beyond what a restraining order can provide, such as prohibiting the respondent from possessing a firearm or coming near your family members or pets.
If you’re not sure which type of order is right for your situation, it’s best to speak with an attorney who can help you understand your options and make sure that you take all necessary steps to protect yourself and your loved ones.