Articles Tagged with temporary restraining order

iStock-545456068-scaledA court must base its decisions regarding custody and visitation primarily on the child’s best interest.  In a recent Texas case, a father challenged a court’s modification of his prior possession order, restricting him to supervised visitation with his daughter.

The mother petitioned to be named the child’s sole managing conservator and asked the court to either deny visitation with the father or, in the alternative, to require it to be supervised.  She alleged the child had reported being spanked, being physically punished by her stepmother and her step-grandmother, being forced to stand in a corner, being underfed sometimes, being subjected to verbal abuse and threats of physical violence, and being required to stay in her room watching television for hours while she was in her father’s custody.  The mother also alleged the child’s foot had been injured by her step-grandmother and not given medical attention.  She further alleged the child’s stepmother repeatedly tried to put makeup on the child when she was allergic to it.

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Johnny Depp and Amber Heard are flooding the media with news of their divorce and allegations of family violence. This blog post is not here to pick sides between Team Amber or Team Depp, but we do want to explain the difference between a Protective Order and a Temporary Restraining Order, and what to do if you need either of those.

There is a lot of confusion about how to protect yourself from family violence in Texas. Many clients approach our law firm asking for a restraining order, but what they really want is a protective order. Here is the difference:

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