Restraining Orders in Texas


Many individuals find themselves in fear of the one person they thought would never hurt them or their children: their current or former romantic partner. Whether you are married, former spouses, parents, or just in some type of current or ex dating relationship, a family law attorney can help you get an emergency restraining order to protect yourself, your children, and members of your household against an abusive partner or abusive ex-partner. You do not need to be married, and you do not need to have children for us to help you in the greater Austin area. Depending on the facts, you may need either a restraining order or a protective order. These are two different orders in Texas that provide different types and levels of protection.


As always, if you or members of your family or household are in immediate danger, you should call 911, then when you are safe, reach out to an attorney to help. We serve many counties in the central Texas area including Travis County, Williamson County, Hays County, Bastrop County, Bell County and more.


If you are currently residing with the individual that you want a restraining order against, and you need them to be kicked out of the residence for your safety or the safety of your household, you’ll want to call our office to discuss the possibility of a protective order instead. Please bookmark our website to see our upcoming resource on protective orders, or if you need help now, contact us online or call us at 512-944-3329.


In addition to assisting with issues of family violence, a restraining order can be used to protect you from financial abuse, controlling abuse, and your children from the substance abuse or untreated mental health issues of their other parent or guardian. A restraining order is typically not a long-term solution and will require follow up orders. If you are looking for protection that lasts at least two years, you’ll want to ask about a protective order.


A restraining order in Texas can help with the following on a temporary basis:

  • Contacting, calling, or sending any kind of messages to the protected person, their family, or their business contacts.

  • Going near the protected person's workplace.

  • Going near the protected person.

  • Picking children up from school or daycare or making any changes to their school or daycare.

  • Possession of the children or unsupervised possession of the children.

  • Using any controlled substance or alcohol prior to or during possession of children.

  • Emotional and verbal abuse.

  • Protecting your children from another dangerous person during the other parent or guardian’s parenting time.

  • Untreated Mental Health Issues

  • Financial abuse and controlling abuse during the pendency of a divorce (or right at the time of you filing a divorce) such as moving and hiding funds, depleting funds or assets, turning off credit cards or cell phone service, removing health insurance benefits, and hiding or selling vehicles just to name a few types of financial or controlling abuse.

  • Coming within a certain distance of residences (if the abuser does not reside there), childcare facilities, places of employment, and known locations of the protected person.

  • Stalking the protected person or member of the household.

  • Threatening the protected person or member of the household.

  • Attacking, striking, or battering the protected person or member of the household.

  • Destroying personal property of the protected person or member of the household including pets.

The above list is not exhaustive and further relief is possible. If you are seeking an emergency restraining order and need help, or if you’re on the receiving end of a restraining order and need help fighting it, please contact our office online or call us at 512-944-3329 for a free twenty minute consult. This is a case type we regularly handle.