Protective Orders under Texas Law

Under Texas law courts may issue a protective order to maintain the status quo of parties involved in a divorce or civil dispute. Once in place, a protective order acts as an injunction preventing one party from doing certain things at the risk of being punished for contempt of court for any violations.

As a general rule, in order to file a protective order you must have a close personal relationship with the person posing the threat, such as a spouse, domestic partner, someone you're dating, or your parent, child, sibling or in-law.

Protective orders may be used to prevent a variety of actions such as communicating with the petitioner in person or by telephone, or in writing using vulgar or obscene language or in any offensive manner.

Other common reasons for obtaining a protective order include preventing a third party from threatening the petitioner in any way, placing harassing phone calls either anonymously or at unreasonable hours without legitimate purpose of communication, causing bodily injury to the petitioner or their child, harming or reducing the value of property belonging to one or both of the parties, falsifying records, misrepresentation of information about the petitioner, damaging or destroying tangible property, and so on.

Protective orders may also be used to prevent a party from incurring any indebtedness, making withdrawals from checking or savings accounts, spending money, or withdrawing from retirement, profit sharing, pension, death or other benefit plans or savings or retirement accounts. They can also prevent access to safe deposit boxes which are under the control of the petitioner with her individually or jointly owned.

Protective orders are often used to protect victims of domestic abuse, harassment, stalking, etc.

Protective Order (Divorce) in Texas Law

Family Code

Restraining+order+family*

pertaining to taking possession of a child in an emergency without a court order

Family Code

Restraining+order+child*

pertaining to removal of child from state, removal of alleged perpetrator, emergency order authorizing possession of a child, duration of temporary restraining order, taking possession of a child in emergency without a court order, hearing when child not in possession of governmental entity

Family Code

Restraining+order+parent*

pertaining to removal of alleged perpetrator, temporary restraining orders

Finance Code

Restraining+order+child*

pertaining to claims against a customer

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John Q. Lawyer

Attorney at Law

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