Restraining Orders

For the purposes of getting a protective order, family violence happens when the abuser does any of the following against a family or household member:

1. any act that is intended to cause, or any threat that reasonably makes the victim fear immediate (imminent):
   
   • physical harm;
   • bodily injury, which is defined as physical pain, illness, or damage to your body;
   • assault; or
   • sexual assault;¹
2. any of the following acts committed against the abuser’s child:
   
   • physical injury that causes or has a real risk of causing serious (substantial) harm to the child;
   • sexual conduct harmful to a child’s mental, emotional, or physical welfare, including:
     • continuous sexual abuse of a young child;
     • indecency with a child;
     • sexual assault;
     • improper relationship between educator and student; or
     • aggravated sexual assault;
   • forcing or encouraging the child to engage in:
     • sexual conduct;
     • trafficking (under sections (a)(7) or (8) of the law);
     • solicitation of prostitution; or
     • compelling prostitution (under section (a)(2) of the law);
   • causing, encouraging, engaging in, or allowing pornographic or obscene photographing, filming, or depicting of the child;
   • use of a drug (controlled substance) that causes physical, mental, or emotional injury to a child;
   • causing, encouraging, or specifically (expressly) allowing a child to use a drug;
   • causing, encouraging, engaging in, or allowing sexual performance by a child;
   • forcing or pressuring (coercing) a child to get married;² or
3. dating violence.³

Note: It is not family violence if you act violently to protect yourself or your children and the court believes you acted in self-defense.⁴

¹ Tex. Penal Code § 1.07(a)(8); Tex. Fam. Code § 71.004(1)
² Tex. Fam. Code §§ 71.004(2); 261.001(1)(C), (1)(E), (1)(G)-(K)
³ Tex. Fam. Code § 71.004(3)
⁴ Tex. Fam. Code § 71.004(1)