Protective Orders in Texas: What Abused Mothers Need to Know

Protective Orders for Abuse in Texas Custody Cases

If you are a mother facing abuse while involved in a custody case, you may feel overwhelmed and unsure of what legal protections are available to keep you and your children safe. Protective orders and temporary restraining orders (TROs) are two important tools in Texas family law that can help. But many mothers are surprised to learn that even with a history of family violence, the court may still allow visitation with an abusive parent.

Understanding how these orders work, recent changes in Texas law, and what judges consider in custody decisions can help you make informed choices. Keep reading to learn what steps you can take to protect yourself and your children during this challenging time.

Protective Orders vs. Temporary Restraining Orders (TROs)

When safety concerns arise in a Texas custody case, two types of court orders may come into play: protective orders and temporary restraining orders (TROs). Both aim to provide protection, but they serve different purposes. A protective order is more serious and typically issued when there is proof of family violence or stalking. It can legally stop the other party from coming near you or contacting you. A TRO is a temporary measure that keeps things stable during a pending custody case. It may prohibit harassment or limit certain actions, but it does not provide the same level of long-term protection as a protective order.

Key differences:

• Protective Order: More serious, requires proof of family violence or stalking, provides long-term protection.

• Temporary Restraining Order (TRO): Short-term measure, keeps things stable while a case is pending, less restrictive.

Understanding Protective Orders in Texas

A protective order is a legal tool designed to protect victims of abuse or threats. In Texas, you can request a protective order if you or your child have been harmed or are under serious threat from the other parent. These orders can set boundaries to keep the abuser away from your home, workplace, or your child’s school. Depending on the circumstances and court findings, protective orders can last anywhere from a few months to up to two years.

Protective orders can:

• Prohibit the abuser from coming near your home, work, or child’s school

• Restrict contact by phone, email, or social media

• Order the abuser to surrender firearms

• Provide temporary custody or child support orders

Changes in Texas Law on Including Children in Protective Orders

Many mothers are shocked to learn that even when family violence is documented, a court may still allow supervised or unsupervised visits between the child and the abusive parent. Recent changes in Texas law have made it harder to automatically include children in protective orders. Judges are required to weigh a parent’s fundamental right to see their child against the risk of harm. The burden of proof to completely restrict an abusive parent’s rights is high, making these cases complex and sometimes frustrating for mothers seeking full protection for their children.

What this means for mothers:

• Higher burden of proof is required to fully remove visitation rights

• Judges prioritize a parent’s legal right to access their child

• Protective orders for children often require strong, clear evidence of danger

How Protective Orders Affect Child Custody Decisions

Texas Family Code § 153.004 makes family violence an important factor in deciding custody. A protective order can influence whether the other parent is given shared custody or visitation rights. Judges can order supervised visits or name the non-abusive parent as the sole managing conservator when there is strong evidence of abuse. However, a protective order alone does not guarantee full custody. Courts review the entire situation, including police reports, witness statements, and any prior history of abuse, before limiting parental rights.

Factors judges may consider:

• Evidence of family violence (police reports, witness statements)

• Severity and frequency of abuse

• History of protective orders or violations

• Impact on the child’s safety and well-being

Possible outcomes include:

• Supervised visitation only

• Limited contact through safe exchange locations

• Sole managing conservatorship awarded to the non-abusive parent

Steps to Obtain a Protective Order

Filing for a protective order in Texas requires submitting an application in the county where you or the other parent resides. The application should include detailed descriptions of abuse or threats, and you may need to testify before a judge. In urgent cases, a judge can issue a temporary ex parte order for immediate safety while waiting for a full hearing. The process can take days or weeks, and outcomes depend on the strength of the evidence presented. Legal assistance can make a big difference in preparing a strong case.

Typical process:

1. File an application for a protective order at your local courthouse.

2. Request a temporary ex parte order for immediate protection (if needed).

3. Attend a court hearing to present evidence and testimony.

4. Judge decides whether to issue a final protective order.

Documents that may help your case:

• Police reports or 911 call logs

• Medical records of injuries

• Text messages, emails, or voicemails with threats

• Witness statements

Common Concerns for Abused Mothers

Many abused mothers worry about retaliation or losing custody when seeking a protective order. While these concerns are real, protective orders often strengthen your case by creating an official record of family violence. Still, Texas law makes it difficult to completely cut off a parent’s access to their child, even when abuse has occurred. Understanding this legal hurdle and having support from attorneys and domestic violence advocates can help you navigate these challenges and protect your children as much as possible.

Supportive resources:

• Domestic violence hotlines and shelters

• Family law attorneys specializing in abuse cases

• Counseling services for you and your children

• Local victim advocacy programs that help with court preparation

FAQs About Protective Orders and Custody

Can a protective order guarantee full custody?
No, it is one of several factors judges consider when deciding custody or visitation arrangements.

What happens if the abusive parent violates the protective order?
Violating a protective order is a crime in Texas and can lead to arrest, fines, or jail time. Repeated violations may help your case for limited or supervised visitation.

Does a TRO offer the same protection as a protective order?
No, TROs are temporary and less restrictive. They are often used as an immediate, short-term measure before the court makes a final decision.

Do protective orders affect child support?
No, protective orders do not change child support obligations. These are handled separately according to Texas Family Code guidelines.

Taking Action to Protect Yourself and Your Children

If you are facing abuse and involved in a custody case, there are legal options available to help keep you and your children safe. Speak with a Texas family law attorney who understands domestic violence cases, and reach out to local advocacy groups for guidance and resources. Taking prompt legal action with the right support can strengthen your case and improve your chances of securing lasting protection for your family.