This page was written, edited, reviewed & approved by Brian LaVine following our comprehensive editorial guidelines. Brian LaVine the Founding Partner, 10+ years of legal experience as criminal defense attorney.
If someone is hurting, threatening, or harassing you at home or in a relationship, you can ask the court for protection. This legal protection is called a restraining order or a protective order. It tells the other person to stop the abuse and to stay away from you. These court orders can help keep you and your children safe.
LaVine Law Firm helps people file domestic violence restraining orders and understand their legal rights. We guide you through the court system step by step. You do not need to go through this alone. Whether your case is in the family courts, circuit courts, or criminal courts, we are ready to help.
Getting protection should not be confusing, intimidating, or scary. We help you with the court forms, legal documents, and court hearing preparation. You can trust us to be clear, fast, and honest about what to do next.
A domestic violence restraining order is a legal order from the court that protects you from someone who has hurt or threatened you. This person may be a spouse, former partner, or someone you live with. The court order can stop that person from calling, texting, coming near you, or entering your home or job. It can also include rules about child custody and property.
This kind of order is used to stop acts of abuse like hitting, threats, false imprisonment, or sexual assault. It can be filed in family courts, superior courts, or criminal courts, depending on the case. Some court orders last only a few days, while others can last for years. You can also ask the judge to extend or change it with a Motion to Reinstate (Motion to Renew) or a Motion to Modify.
Restraining orders protect people from abuse, threats, or harm. They are made to keep victims safe by creating a legal distance between them and the abuser. These orders can stop contact, remove someone from a shared home, and set up child custody.
They are used for personal safety and peace of mind. Courts may also use them to prevent future abusive acts or criminal behavior.
You can ask the court for a domestic violence restraining order any time you feel that someone close to you has abused you, threatened you, or made you feel unsafe. This person can be a spouse, a former partner, someone you dated, a parent, a sibling, or even someone who lives in your home. The abuse can include physical harm, verbal threats, stalking, false imprisonment, or sexual assault.
You do not need to wait until something worse happens. If you believe there is a real risk of harm or continued threats, the law allows you to take legal action right away. You may file the request through the family courts, circuit courts, or superior courts, depending on where you live and the details of your situation. If the danger is urgent, you may also ask law enforcement to help you file for an emergency protective order, which can be granted even outside normal court hours.
A restraining order has clear rules that the abuser must follow. If they break those rules, they can face legal punishment. The order can also protect your children and property.
A no-contact order is one of the most direct forms of protection you can get through a restraining order. It tells the abusive person that they are not allowed to contact you in any way, whether it be through phone calls, text messages, emails, letters, or even through a third party.
This also includes blocking them from reaching out on social media or attempting to track your online activities. If they break these rules, law enforcement can step in immediately and arrest them. A no-contact order is meant to give you space to feel safe again and prevent the abusive person from continuing to cause emotional or physical harm.
When you live with a person who is hurting or threatening you, the court can issue an order that forces them to leave the home, even if both of your names are on the lease or deed. This is called exclusion from shared spaces, and it allows you to stay in your home without fear of further abuse. The court may also apply this rule to places like your workplace, your child’s school, or any other location where you regularly visit.
These orders help prevent future contact and keep a distance between you and the abusive person while the case is being handled in the court system.
In cases that involve children, the court can add rules about custody and visitation directly into the restraining order. These rules are designed to protect the children from being exposed to abusive acts and to make sure they are safe during any contact with the other parent. A judge may allow supervised visits, restrict overnight stays, or suspend visitation altogether if there is a serious safety concern.
The court can also order child support and make decisions about who can pick up the children or attend school functions. These provisions are often part of the final order of protection and are meant to keep your child’s well-being at the center of the case.
When someone breaks a domestic violence restraining order, there are serious legal steps that follow. The court treats these breaches as threats to your safety. In Texas, the law sets forth clear consequences, so it is important to understand what happens next.
Yes, you can file a restraining order against a family member if they have harmed you or made you feel unsafe. Texas law does not limit protective orders to romantic partners or spouses. If a relative or someone living in your home commits acts of abuse, stalking, or threats, the court system allows you to seek protection through a court order.
Whether the abuse is verbal, physical, or emotional, your safety matters. These orders apply to a wide range of family and household relationships, not just married couples.
Protective orders can be filed against close family members, including parents, children, siblings, grandparents, and others related by blood or marriage. If a parent is abusive, a child is violent, or a sibling threatens harm, you have the legal right to file for a protective order in court.
The court may also take into account past police reports, medical costs due to abuse, or any previous court hearing records when deciding on the order. You do not have to live with a family member to be eligible.
You can also request a restraining order against someone who lives in your home, even if they are not related by blood. Household members can include step-relatives, in-laws, roommates, or anyone with whom you share a home. If someone in your household commits abusive acts, threatens you, or makes you feel afraid, the court can issue a domestic violence restraining order.
These cases are handled in family courts, circuit courts, or superior courts, depending on the situation.
Domestic violence laws in Texas are not limited to spousal abuse. The law also protects people in dating relationships, family relationships, or shared living situations. This includes protection for elderly persons, persons with disabilities, or anyone who suffers harm or threats from someone close to them.
If you are being harassed, stalked, assaulted, or falsely imprisoned by a relative or housemate, you have the right to file for a domestic violence protective order or a civil restraining order. The court can also help with related issues such as child support or temporary protection for children.
Yes. In urgent cases, the court may grant an ex parte hearing, which means the judge can issue a temporary order of protection without the other person being present.
After you file court papers with the clerk of court, the judge may set a date for a final hearing. Both sides can speak at that hearing before a long-term restraining order is issued.
Yes. Most courthouses have a self-help center where you can get guidance on completing the forms and understanding the steps in the court system.
Violating a protection order can result in civil contempt or even criminal charges. The court may issue stronger penalties or require the violator to attend a treatment program.
In rare cases involving legal errors or constitutional issues, the Supreme Court may review a protection order case after it goes through the lower courts.
If you are thinking about filing a domestic violence restraining order or you have questions about how a protection order works, LaVine Law Firm is ready to help. We handle every part of the process, from preparing court papers to appearing at your final hearing. Whether your case is handled in family courts, criminal courts, or even the Supreme Court on appeal, our legal team will stand by you.
Our attorneys will explain the difference between a civil protection order and a criminal restraining order. We help you understand terms like civil contempt, stalking order of protection, and long-term restraining order, so you are never confused about what to expect next. We also work with the clerk of court and court staff to make sure everything is filed properly and on time. If needed, we can refer you to a treatment program or protection resources.
Call LaVine Law Firm today or use the Contact Us form on our website to schedule your free, confidential consultation.
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