the essential guide - Texas Council on Family Violence

Protective OrdersProtective orders play an important role for many survivors escaping a violent home.You may have heard about a protective order or even a restraining order. While <strong>the</strong>se sound like verysimilar protections, <strong>the</strong>y are not.Protective orders and restraining orders differ in many significant ways:A Restraining Order:A Protective Order:Usually is a provision in ano<strong>the</strong>r case,such as a divorceIs a separate court case Is a civil court order Is a civil court orderHas civil consequences, which typicallyonly end in a contempt of court chargeHas civil AND criminal consequencesUsually is a case that an individual needsto hire an attorney to move forwardIncludes no fees to petitioner (filing orservice)O<strong>the</strong>r differences include that protective orders include time parameters. Protective orders can beordered to exceed than <strong>the</strong> previous two-year maximum duration and potentially protect victims for alifetime.For a protective order to be granted for a lifetime <strong>the</strong> court must find that: The respondent caused serious bodily injury to <strong>the</strong> applicant or her family; OR The respondent was <strong>the</strong> subject of two of more previous PO protecting <strong>the</strong> same applicant AND<strong>the</strong> protective orders contained findings of family violence.Protective Orders, an example of a civil case can be requested through <strong>the</strong> District or County Attorneyand are available to victims of family violence, intimate partner stalking, dating violence, and sexualassault. You should be familiar with who in your community files protective orders on behalf of victimsand any o<strong>the</strong>r specific requirements or policies. Victims also have <strong>the</strong> legal option of filing on <strong>the</strong>ir ownbehalf using forms at www.texaslawhelp.org.While <strong>the</strong>se are civil orders protective orders are criminally enforceable if violated. They can orderbatterers (respondents) to keep distance from a victim’s home, workplace, school or daycare, and canlimit communication by <strong>the</strong> batterer. Respondents are prohibited from possessing a firearm.There are many types of protective orders, but <strong>the</strong>se are <strong>the</strong> most common used by survivors:THE ESSENTIAL GUIDE: AN INTRODUCTION TO ADVOCATING FOR SURVIVORS OF FAMILY VIOLENCE26 | P a g e