FAQs • McLennan County, TX • CivicEngage

What’s the difference between a protective order and a restraining order?: Both types of orders can direct the abuser to stay away from certain places, but a protective order is criminally enforceable, meaning that a violation of the order may result in the abuser being arrested and criminally charged. A restraining order must be enforced by a judge, and violation of a restraining order cannot result in an arrest.

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Victim Services

1. Do I have to be married to the person I want an order against?: No. It is not necessary that you were ever married to the abuser. A protective order can protect anyone who meets the relationship requirement established by law. This includes family members, members of a household, or people with whom you have had a dating relationship. If you are not sure if your relationship with the abuser qualifies as one which can receive protection through a protective order, don’t hesitate to call the Protective Order Department, at 254-757-5084, to find out.

2. How much does it cost to get a protective order?: There are no charges associated with obtaining a protective order through our office.

3. How long does it take to get a protective order?: It typically takes 2 weeks to get a final protective order, but this may vary depending on availability of hearing dates, ability to serve the respondent with notice of the hearing date, your ability to come into the office and submit an affidavit, and your ability to attend the hearing.

4. What does a protective order do?: A protective order may direct the abuser to stay a certain distance from addresses listed in the order. It can also order the abuser to refrain from committing family violence against or from harassing the protected person. The protective order may also order the abuser not to possess any weapons.

However, the protective order does not necessarily prevent the abuser from doing any of these things, as there is no guarantee that the abuser will obey the order. The abuser may still choose to violate the order, thereby subjecting the abuser to criminal and civil penalties.

5. What’s the difference between a protective order and a restraining order?: Both types of orders can direct the abuser to stay away from certain places, but a protective order is criminally enforceable, meaning that a violation of the order may result in the abuser being arrested and criminally charged. A restraining order must be enforced by a judge, and violation of a restraining order cannot result in an arrest.

6. Can I get a protective order for my children?: Yes. Any adult may apply for a protective order to protect a child from family violence.

7. How long does a protective order last?: A protective order is good for 2 years.