Divorces are quite often highly emotional events, ones that can sometimes escalate to violence directed against family members. When this happens, a family law attorney may recommend filing a protective or restraining order to help keep clients safe. These two court orders are different from each other, offering a different type of protection. For these orders to be appropriately used, the experience of a family law firm is usually required.
What Are Protective Orders?
Protective orders are court orders issued to help safeguard individuals in a household from violence, or the threat of violence. An experienced family law attorney advises clients that this order can be requested by blood relatives, members of the same household, current and former spouses, parents and step-parents, and on behalf of any related or non-related threatened children in the household. To apply for a protective order in Texas, the victim must have proof that violence against them has occurred. An attorney who works for a family law firm can best advise a client how to go about getting a protective order if violence is a true threat or the offender has a history of past violence.
These orders help prevent continued acts of violence against a victim by restricting the offender’s access to that person. Protective orders make it illegal for the offender to approach a victim or have any type of contact with that person as stipulated by the order. Protective orders are enforceable by law enforcement officials; a person who disregards a protective order can be arrested and possibly face punishment, depending on the circumstances.
What Are Restraining Orders?
Restraining orders during a divorce action offer protection to either spouse from any type of non-violent, negative action that could be taken by the other spouse. Lawyers who handle family law say these court orders can prohibit actions such as withdrawing all available money from joint bank accounts, withholding mail, taking on new debt, talking badly about the other spouse to other people and to any dependent children, and other acts that can be a result of anger during a divorce.
Restraining orders are common in Texas and are relatively easy to obtain. A family law attorney will often recommend that a restraining order be filed to protect a divorcing spouse from any unexpected angry acts directed at them. These court orders are not enforceable by law enforcement officials like protective orders; however, they are recognized by family courts as a part of divorce proceedings. Breaking a restraining order by committing a prohibited act may affect how the court looks at that spouse in the final divorce order.
Protective orders are commonly confused with restraining orders, so it is important for a divorcing spouse to remember that a protective order serves to prevent physical acts or threats of violence against family members. Restraining orders concern issues such as defamation, deception, and other non-physical aggression toward a spouse. Each one serves its purpose as part of family law when correctly understood and used.
Anyone in Texas dealing with family conflicts or divorce proceedings should contact an experienced family law firm to discuss their individual circumstances. With the assistance of a dedicated family law lawyer, divorcing spouses and family members can determine if restraining or protective orders are needed and get the help they need during divorce proceedings.
Foreman Family Law
307 South Main Street Suite 201
Bryan TX 77803
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