Restraining Orders

This section defines family violence for the purposes of getting a protective order. Family violence is defined as:

1. any act committed by one family or household member against another family/household member that is:
   • intended to cause:
     • physical harm;
     • bodily injury, which is defined as physical pain, illness, or damage to your physical condition;
     • assault; or
     • sexual assault; or
   • a threat that reasonably places the family or household member in fear of:
     • physical harm;
     • bodily injury, which is defined as physical pain, illness, or damage to your physical condition;
     • assault; or
     • sexual assault.¹
2. any of the following acts committed by a family or household member against a child of the family or household member:
   • physical injury that results in substantial harm to the child (or that has a real risk of resulting in substantial harm)
   • sexual conduct harmful to a child’s mental, emotional, or physical welfare (including acts that come under the offense of continuous sexual abuse of young child, indecency with a child, sexual assault, 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, permitting, encouraging, engaging in, or allowing pornographic or obscene photographing, filming, or depicting of the child;
   • use of a controlled substance (drug) that the use results in physical, mental, or emotional injury to a child;
   • causing, encouraging, or expressly (specifically) permitting a child to use a controlled substance (drug);
   • causing, permitting, encouraging, engaging in, or allowing sexual performance by a child;
   • forcing or coercing a child to enter into a marriage;² or
3. dating violence.³ Please read What is the legal definition of “dating violence” in Texas? for more information.

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