Protective Order vs. Restraining Order: What’s the Difference?

A Beginner’s Guide to Understanding These Two Common Legal Orders in Texas Assault Cases

If you’ve recently been served with court paperwork following an assault or family violence allegation, you may be confused by the terms being used. Some people are told they’re under a protective order. Others hear the term restraining order. But are they the same thing? Do they carry the same legal weight? And what happens if you violate one?

In Texas, protective orders and restraining orders are two very different legal tools — and confusing them could lead to serious consequences. In this guide, we’ll break down what each order means, how they’re enforced, and what to do if you’ve been named in either one.

Understanding these differences is critical — and so is having a qualified criminal defense attorney near you to guide you through the legal process.

What Is a Protective Order in Texas?

A protective order is a civil court order with criminal enforcement power that is typically issued in response to allegations of:

• Family violence
• Dating violence
• Stalking
• Sexual assault

Protective orders are governed by Chapter 85 of the Texas Family Code and can:

• Prohibit contact with the alleged victim
• Restrict access to a shared residence
• Limit firearm possession
• Set temporary child custody arrangements
• Be enforced through criminal charges for violations

See: What Is a Protective Order and When Is It Issued?

Protective orders can be issued after an arrest, or based on a standalone civil application from the alleged victim, even if no criminal charges are filed yet.

What Is a Restraining Order in Texas?

A restraining order is typically issued in civil cases such as divorce or custody disputes. It is not a criminal enforcement tool and does not carry immediate arrest consequences.

Restraining orders are used to:

• Prevent harassment during divorce litigation
• Prohibit the removal of children from a jurisdiction
• Stop parties from selling marital assets
• Enforce boundaries in property or family law disputes

Restraining orders are enforced through civil contempt proceedings, not arrest. That means if a restraining order is violated, the judge may impose fines, sanctions, or jail for contempt, but it does not result in automatic criminal charges.

Key Differences at a Glance

Protective OrderRestraining OrderCriminal enforcementCivil enforcement onlyIssued in assault/family violence casesIssued in divorce/custody/property casesViolation = Criminal offense (Penal Code § 25.07)Violation = Civil contempt of courtCan restrict parenting rightsMay include temporary custody termsCan limit firearm possessionTypically does not address firearmsFiled by state or individualFiled in civil family or property court

Which One Carries More Serious Consequences?

Without question, protective orders carry more serious and immediate consequences. If you violate a protective order in Texas, you may be arrested and charged with a Class A misdemeanor or even a third-degree felony under Texas Penal Code § 25.07.

Violating a restraining order may result in a civil contempt hearing, but not a new criminal charge — unless the same behavior also violates a criminal law (e.g., stalking, harassment).

That’s why it’s critical to read your court paperwork carefully and consult with a lawyer near you if you’re unsure what type of order applies in your case.

Can You Be Subject to Both Orders at the Same Time?

Yes. In some cases, especially in family law disputes involving alleged violence, a person may be subject to both:

• A Protective Order issued in criminal court
• A Restraining Order issued in divorce or custody court

Each order must be followed independently — and the consequences for violation vary depending on which one is breached.

Your criminal defense attorney near you may also coordinate with a family law attorney to ensure your compliance with all court orders while also protecting your rights in both legal arenas.

What If You Don’t Know Which One You’re Under?

It’s common for defendants to be confused about the nature of the order served against them. If you’re unsure whether you’re under a protective order or restraining order:

• Check the case number and court listed on the order
• Look for enforcement language (e.g., “violation may result in arrest”)
• Contact an attorney near you immediately to interpret the document

Ignoring the order or violating its terms based on a misunderstanding can lead to unintended criminal charges or contempt proceedings.

Final Thoughts: Know the Difference — and Defend Your Rights

Understanding the distinction between a protective order and a restraining order is critical when facing legal proceedings related to assault or family violence in Texas. One can lead to arrest and prosecution, while the other is enforced in civil court through contempt proceedings.

Either way, the consequences are serious — and the path forward isn’t something you should try to navigate alone. Whether you're under a protective order, restraining order, or both, a skilled criminal defense attorney near you can help protect your freedom, your record, and your parental rights.

Call Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to speak with an experienced lawyer near you who can help you understand and respond to protective and restraining orders in Texas.

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