RESTRAINING ORDER vs. PROTECTIVE ORDER…WHAT’S THE DIFFERENCE?
A great source of confusion exists relating to the difference between a Restraining Order and a Protective Order. Gerald Tadlock is a Collin County Divorce Attorney with significant experience in seeking, and defending, requests for both types of Orders. In Texas, a Restraining Order is simply a court order instructing a person or entity to not take a certain activity. An example of a typical restraining order would be to restrain a divorcing spouse from making withdrawals from their retirement account. Such a withdrawal is not uncommon in the early stages of divorce when people may be trying to hide funds.
A Protective Order is a completely different type of court order. In Texas, a Protective Order exists when family violence has occurred, and is issued for the protection of the victim. The legal standard for issuing a protective order is two-fold. First, a court must find that family violence has occurred. Second, a court must find that family violence is likely to occur in the future. When both findings have been made, a court can issue a protective order for up to two years.
In requesting a Protective Order, the burden of proof is whether the preponderance of the evidence favors the accusing party. This is a fairly low burden of proof, and can make it difficult to defend against without an experienced family law attorney. This burden of proof is far lower than a criminal case, which requires proof beyond a reasonable doubt.
Collin County Divorce Attorney With Experience
While there are substantial differences between Restraining Orders and Protective Orders, they are both tools available to assist parties in a family law matter. If you are in need of the protections offered by these orders, contact the Tadlock Law Office at 214-550-1122. Delaying a request for these orders can significantly jeopardize your legal rights. Trust a Collin County Divorce Attorney with the experience to assist with Restraining Orders and Protective Orders.