Many people think a temporary restraining order (TRO) and a protective order are the same thing. In Texas, they are very different. At Cutrer Law Group, we help clients across the DFW area understand their legal options during difficult family situations. Whether you are dealing with divorce, child custody, threats, or harassment, having the right legal guidance can make a major difference. Confusing the two can leave you without the protection you actually need. A TRO handles financial and property disputes in an active case. A protective order addresses physical safety and carries criminal enforcement. Understanding which applies to your situation is the first step toward protecting yourself and your family.

What Is a Temporary Restraining Order?

A temporary restraining order, or TRO, is usually used during a divorce or custody case. Its purpose is to stop someone from doing something harmful while the case is still ongoing. For example, a TRO may prevent someone from:
  • Emptying bank accounts
  • Selling property
  • Taking a child out of Texas
  • Threatening or harassing the other person
  • Destroying important records
A TRO is generally focused on protecting finances, property, and parenting arrangements until the court can make further decisions. In Texas, a TRO usually lasts up to 14 days. Under Tex. Fam. Code sec. 6.501, a court may grant a TRO in a divorce case without notice to the other party if the facts show that immediate and irreparable injury will result unless the order is issued.[1] After the TRO expires, the court holds a hearing to determine whether a temporary order should remain in place while the case continues.

What Is a Protective Order?

A protective order is mainly about personal safety. Protective orders are commonly used in situations involving:
  • Family violence
  • Threats
  • Stalking
  • Harassment
  • Sexual assault
A protective order may stop someone from contacting another person, going near their home or workplace, or making threats. Unlike a TRO, violating a protective order can lead to arrest and criminal charges. Protective orders also last much longer. Many remain in place for up to two years or more. Under Tex. Fam. Code sec. 85.025, a court may issue a protective order for a period that does not exceed two years, though longer orders are possible in cases involving serious or repeated family violence.[2] Texas law defines family violence broadly under Tex. Fam. Code sec. 71.004 to include physical harm, threats, and conduct that causes a family member to reasonably fear injury.[3] Violating a protective order is a criminal offense under Tex. Penal Code sec. 25.07, punishable by up to one year in jail for a first offense and up to 10 years for subsequent violations.[4]

What’s the Biggest Difference?

The main difference is the purpose of the order.
  • A TRO is usually used to protect finances, property, or custody arrangements during a legal case.
  • A protective order is used to protect someone’s personal safety.
Both are serious legal matters, and choosing the right option is important. In cases where both finances and safety are at risk, questions about child custody and parenting arrangements often need to be addressed at the same time. It is also worth knowing that a TRO and a protective order are not mutually exclusive. In some divorce cases involving family violence or threats, both may be sought simultaneously. A family law attorney can help you evaluate which protections apply to your situation and how to pursue them effectively.

Why Clients Choose Cutrer Law Group

Legal situations involving family, children, or personal safety can become overwhelming very quickly. At Cutrer Law Group, we help clients take fast, informed action when they need it most.

Clients throughout Hurst and the DFW area trust our firm because we provide:

  • Clear communication
  • Compassionate guidance
  • Strong courtroom representation
  • Fast action in urgent situations
  • A focus on protecting our clients’ future

We understand that these situations are stressful, and our goal is to help clients feel informed, protected, and confident throughout the process.

Learn more about our board-certified family law attorney and how she serves families from our office in the heart of the Mid-Cities area.

Frequently Asked Questions

What is the difference between a TRO and a protective order in Texas?

A temporary restraining order (TRO) is used during a divorce or custody case to protect finances, property, and parenting arrangements while the case is pending. A protective order is focused on personal safety and is used in situations involving family violence, threats, stalking, or harassment. Violating a protective order can result in criminal charges.

A TRO in Texas typically lasts up to 14 days. After that period, the court holds a hearing to determine whether a longer temporary order should be put in place while the case continues.

Yes. A protective order is not limited to divorce cases. It can be obtained independently whenever there is a credible threat to someone’s personal safety, including situations involving family violence, stalking, or harassment, regardless of whether a divorce or custody case is pending.

Speak With a Texas Family Law Attorney Today

If you have questions about temporary restraining orders, protective orders, divorce, or child custody matters in Texas, contact Cutrer Law Group today to schedule a consultation.

Sources

[1] Tex. Fam. Code sec. 6.501 — Temporary Restraining Order in Divorce | https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm/
[2] Tex. Fam. Code sec. 85.025 — Duration of Protective Order | https://statutes.capitol.texas.gov/Docs/FA/htm/FA.85.htm
[3] Tex. Fam. Code sec. 3.002 — Tex. Fam. Code sec. 71.004 — Definition of Family Violence | https://statutes.capitol.texas.gov/Docs/FA/htm/FA.71.htm
[4] Tex. Penal Code sec. 25.07 — Violation of Protective Order | https://statutes.capitol.texas.gov/Docs/PE/htm/PE.25.htm