Restraining Orders

Dating violence is when an abuser commits an act that is:

• intended to result in physical harm, bodily injury (physical pain, illness, or damage to your physical condition)¹, assault, or sexual assault; or
• a threat that reasonably places you in fear of immediate physical harm, bodily injury (physical pain, illness, or damage to your physical condition),¹ assault, or sexual assault.²

The act must be committed against:

• someone with whom s/he has or had a “dating relationship;” or
• the new spouse or intimate partner of someone the abuser is/was married to or in a “dating relationship” with.²

A dating relationship is defined as a relationship between people who have or had a continuing romantic or intimate relationship. To determine if a dating relationship exists, the judge will consider:

1. the length of the relationship;
2. the nature of the relationship; and
3. the frequency and type of interaction between the persons involved in the relationship.²

If you meet the definition of dating violence, as explained above, continue reading this section for more information about applying for a family violence protective order.³

Note: If you commit violence to protect yourself or your children and the court believes you acted in self-defense, then this is not dating violence.²

¹ Tex. Penal Code § 1.07(a)(8)
² Tex. Fam. Code § 71.0021
³ Tex. Fam. Code § 71.004(3)