What Is The Difference Between A Protective Order, Restraining Order, And Peace Bond?
(Public Service Announcement) The below information is not offered as legal advice, but is procedural information only. The court and its personnel are prohibited by The Texas Code of Judicial Conduct, as per 4(G), from giving legal advice.
This information is meant to explain the difference between restraining orders, protective orders and peace bonds. There is often confusion between the three. Many people, including some in law enforcement, believe that the three terms mean the same thing. The terms do not mean the same thing.
The below information summarizes the uses, benefits, and restrictions of each. For more in-depth information, read these Texas laws:
Protective Order: Texas Family Code, chapters 83 through 85
Restraining Order: Texas Rules of Civil Procedure, starting at 680
Peace Bond: TexasCode of Criminal Procedure, article 7
Which to Choose?
Protective Order
What is the situation?
You have been harmed by a family member or someone you dated, and you fear the abuser will harm you again.
What does it do?
Orders the abuser to stay away from you and your household, your home, your work, and your school. May suspend the abuser’s right to carry a gun.
Who can help?
Pedro Hernandez, Criminal Investigator, Family Violence Division, Maverick County Sheriff’s Office, 1051 Balboa Jones Memorial, Eagle Pass, TX 78852, Tel. No. (830) 757-8803.
Where do I file the paperwork?
County Court Clerk’s Office or District Clerk’s Office where you live or the other person lives.
How long does it last?
Up to two (2) years.
About Protective Orders
What is a Protective Order?
A protective order is a civil court order that protects family violence victims for up to two (2) years.
What can a Protective Order do?
Order the abuser to stay away from you, your house, your work, and your school.
Order the abuser to stay away from family members named in your application.
Order the abuser not to call or harass you.
Sometimes, it may suspend the abuser’s right to carry a firearm.
A Protective Order is not bullet proof!
A Protective Order is only made of paper. It cannot stop fists or weapons. A Protective Order does not offer 24-hour police protection. It can’t protect you from someone who doesn’t think about consequences or care about being arrested.
To keep yourself safe, speak to a domestic violence counselor or Carolina Gonzalez at the Wintergarden Women’s Shelter at (830) 757-5188, about making a safety plan. Do this even if the judge gives you a Protective Order.
How can I apply for a Protective Order?
You can apply for a protective order if the abuser has physically harmed you, or tried to physically harm you; and is a member of your household or someone you have dated; and will likely hurt you again.
Again you can ask for assistance or guidance from Investigator Pedro Hernandez at the Maverick County Sheriff’s Office or Ms. Carolina Gonzalez at the Wintergarden Women’s Shelter.
There is no fee to apply for a Protective Order.
There are three (3) main types of Protective Orders
Type
Protective Order: can last in force up to two (2) years, issued by a District or County Judge, and it is enforced by arrest when violated or some provisions may be enforced by civil contempt law suit.
Temporary Ex-Parte Protective Order: can last in force up to fourteen (14) days (on the 15th day a hearing is set for a Protective Order if one is filed for), issued by a District or County Judge, the Protective Order (15th day ) may be granted when an application for a protective order is filed, and the court believes you are in danger, it is enforced by a civil contempt law suit which may include a “kick-out” order that orders the abuser to vacate the home but only if the violence occurred within the last thirty (30) days and the applicant and abuser lived together in the last 30 days, it is not enforceable by arrest!
Emergency Protective Order: can last up to ninety (90) days, issued by a Justice of the Peace or a Magistrate after the abuser has been arrested and is being magistrated. It is enforced when the Emergency Protective Order conditions are violated.
Restraining Orders
Temporary Restraining Order: is a civil court order that preserves property and protects parties who already have a lawsuit filed, including lawsuits for divorce, custody, or modification of custody. You can apply for a restraining order from the District Judge that has you lawsuit, you apply by including a motion in your petition or by separate motion filed with the court after the petition to start the lawsuit has been filed, it can last in force up to fourteen (14) days, it can not kick your spouse out of the home your spouse lives I, order the other lawsuit party not to spend money for reasonable or necessary living expenses, make orders that keep the other lawsuit party from doing his or her job, order temporary custody of a child.
Peace Bonds
Peace Bond: is a court order designed to keep the peace by protecting someone who has been threatened, but not harmed. It is issued by a Justice of the Peace in your precinct, when the Justice of the Peace issues the Peace Bond he/she is ordering the person who made the threats to deposit money with the court, if the person who made the threats commits the threatened criminal action then the deposited money (bond) will be forfeited and given to the state and may also face criminal charges, you apply for a Peace Bond by filing a Peace Bond Complaint and Statement of Offense by Complaining Party with the Justice of the Peace in your precinct, it is can be in force up to one (1) year.
If the crime has already happened, a criminal complaint should be filed with the police or sheriff, instead of a Peace Bond.
Peace Bonds are not bullet proof! A Peace Bond is only made of paper. It cannot stop fists or weapons. It does not offer 24-hour police protection. It can’t protect you from someone who doesn’t think about the consequences or who doesn’t care about being arrested or losing the bond money.
As the residents of Maverick County know, there is a large number of family violence cases in our county that go unreported because the victims do not know where to go for assistance or what is available for them to seek protection. Thanks to the Maverick County Sheriff’s Office that was able to obtain a state grant to address these problems and assist victims of family violence. Now victims have a Point of Contact within the law enforcement community and also a Point of Contact with the Wintergarden Women’s Shelter.
Respectfully,
David J. Castaneda
Justice of the Peace, Precinct 3-AB
Public Servant
