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Transcript

Hello, everyone, and welcome back to the Brian Fagan YouTube channel. I'm Troy Taylor, and today we're discussing the difference between a protective order and a restraining order under Texas law. These orders serve different purposes, and understanding each one can be crucial if you need legal protection. Let's start with protective orders. In Texas, protective orders are often associated with family violence, stalking, or harassment. They provide physical protection for someone who feels threatened or has experienced violence. When granted a protective order, the accused, often spouse or partner, must stay away from the petitioner and avoid any contact that could threaten their safety. Violations of protected orders are serious. Intenses leading to arrest and criminal charges as they are criminally enforceable. For example, consider Sarah, who recently separated from her husband Tom due to his aggressive behavior. Concerned for her safety after Tom's threatening action, Sarah petitions the court for a protective order. If granted, the order requires Tom to keep a certain distance from Sarah and prohibits any communication. If Tom violates this order, he could face immediate legal consequences. Protective orders can include various measures, such as restricting access to. Certain places prohibiting communication and sometimes removing firearms if they pose a threat. These orders can last from 2 years to several years, depending on the severity of the situation. On the other hand, restraining orders serve a different purpose in Texas. They're typically used in family law cases, such as divorce or child custody proceedings, to prevent specific actions, but lack the same criminal enforcement as protective orders. Restraining orders focus on maintaining the status quo during legal proceedings rather than protecting someone from immediate danger. For example, consider Lisa and John. We're going through a divorce. Concerned that John may empty their joint accounts, Lisa's attorney advises her to seek. Restraining order to prevent him from selling or hiding shared assets. If John violates this order, he could face legal repercussions, but it wouldn't be a criminal violation like with a protective order. One key difference is that restraining orders are civil orders. Violating a restraining order can result in contempt of court, leading to penalties like fines or jail time, but it doesn't automatically result in an arrest. Restraining orders can be temporary or extend throughout the legal process and may be dissolved once a divorce or custody case is finalized. In some cases, both types of orders may apply. For instance, if someone in a divorce feels threatened by their spouse, they might seek a protective order for immediate safety while also obtaining a restraining order to prevent financial interference. If you're uncertain about which type of order applies to your situation, consulting with a family law attorney who understands Texas law is essential, whether you need protection for your safety or want to. Reserve assets during a family dispute, having the correct legal guidance can make a significant difference. Thank you for watching today's video. I hope this clarified the distinctions between protective and restraining orders in Texas. Don't forget to like and subscribe for more insights into Texas family law. If you think of protective order or restraining order might be right for you, schedule a free 30 minute consultation with our office. We're here to help you find the right path forward. Take care. Thanks so much for watching our video. We hope you found it helpful. And enjoyable. If you like what you saw, please give us a thumbs up. Got any questions or thoughts? Drop a comment below. And if you know someone who could benefit from this video, don't hesitate to share it with them. For more awesome resources, check out the description below. Take care, we'll see you in the next video.