What are the grounds for obtaining a restraining order in Texas?

Victims of domestic violence in Texas have the right to seek a restraining order against their abuser. Understanding the basis for a restraining order in Texas is crucial. This knowledge enables victims to secure the protective order they rightfully deserve.

Understanding Restraining Orders in Texas

In Texas, a restraining order, also known as a protective order, is a legal directive issued by the court that prohibits the abuser from contacting the victim, under penalty of legal consequences such as contempt of court. Its primary aim is to safeguard victims from further abuse.

A restraining order can be sought by the victim or by someone representing them. The court determines the duration of the restraining order, which can vary from a few days to multiple years, based on the type of order requested and the provided evidence during the application or hearing.

To successfully obtain a restraining order, the applicant must present sufficient evidence to substantiate their claim of needing protection.

Criteria for Obtaining a Restraining Order

The grounds for a restraining order in Texas depend on the nature of the protective order being sought. Generally, behaviors that may qualify a person for a restraining order include:

• Physical injury or assault
• Sexual assault or abuse
• Stalking or harassment
• Emotional abuse, such as threats or insults
• Economic abuse, like denying access to finances
• Destruction of personal property
• Threats or potential harm to the petitioner or their family/household members
• A criminal charge, conviction, or plea can also serve as a basis for a restraining order, even without an arrest or conviction.

Evidence Needed for a Restraining Order Case

Judges require concrete evidence to support a restraining order case. While proving abuse can be challenging, the burden of proof in civil cases is lower than in criminal cases. Petitioners must demonstrate through a “preponderance of the evidence” that abuse is more likely than not to have occurred. Evidence can include:

• Witness testimonies
• Photographs of injuries or damage
• Medical records
• Police reports
• Financial documents
• Communications from the abuser
• Audio or video recordings of abusive behavior
• Types of Restraining Orders in Texas

Texas offers three primary restraining orders: emergency protective orders, temporary ex parte protective orders, and final protective orders, each with its own criteria and evidence requirements.

1. Emergency Protective Order: Issued immediately following an arrest for a violent crime, often without the victim’s request, based on law enforcement reports, active for 31-61 days.
2. Temporary Ex Parte Order: Requires a petition from the victim, detailing the abuse and supporting evidence, active for about 20 days.
3. Final Protective Order: Requires a court appearance by the victim to present their case, potentially active for two years, with more stringent evidence requirements due to its long-term nature.
4. Seek Assistance from Law Office of Dana Baker
5. For enduring protection against family violence, a final protective order is crucial. At the Law Office of Dana Baker, our attorneys specialize in family law and have successfully represented numerous individuals in restraining order cases. We are prepared to assist you in building and presenting a strong case to the court.

If you or a loved one requires protection from family violence in Texas, do not hesitate to reach out to the Law Office of Dana Baker at 979-310-5507 to explore your legal options and understand more about the criteria for obtaining a restraining order in the state.