Jeremy Rosenthal | August 23, 2025 | Criminal Defense
Restraining orders, called protective orders under Texas law, are powerful court orders designed to protect individuals from things like stalking or family violence. If you are seeking one in McKinney or if someone has filed one against you, it’s important to understand what proof is needed for a judge to grant it.
Protective orders can dramatically affect both parties. They may restrict someone’s freedom to live at home, see their children, or even carry a firearm. Since the stakes are so high, courts require specific evidence before issuing them.
The Legal Standard for Protective Orders in Texas
In Texas, protective orders are usually requested in situations involving family violence, dating violence, sexual assault, or stalking. Under Chapter 85 of the Texas Family Code, a judge may issue an order if the applicant can show that any one of these behaviors has occurred and may occur again.
The burden of proof is by a “preponderance of the evidence.” That means the judge must believe it is more likely than not that violence or harassment occurred and may happen again. This standard is lower than “beyond a reasonable doubt,” which is required in criminal cases.
Types of Evidence That Can Support a Protective Order
Courts in McKinney consider many forms of evidence when deciding whether to grant a restraining order.
Some of the most common include:
- Witness testimony: Statements from the alleged victim, family members, neighbors, or other witnesses who saw or heard the incidents.
- Police reports: If law enforcement was called to the scene, these reports can provide key documentation of what happened.
- Medical records: Records showing injuries from an alleged assault can strongly support a claim of family violence.
- Photographs or videos: Pictures of bruises or threatening messages, for instance, can be persuasive to a judge.
- Text messages and other communications: Written or recorded threats or admissions of violence can serve as strong proof as well.
- Expert testimony: In some cases, experts such as counselors or doctors may testify about the effects of abuse or trauma.
The more detailed and consistent the evidence, the stronger the case for obtaining a protective order.
Temporary vs. Final Protective Orders
Texas law also allows for temporary ex parte protective orders. These can be granted quickly (often without notifying the other party first) if the judge believes there is an immediate danger of harm. For an ex parte order, however, the evidence must show a clear and present danger.
However, a full hearing is required for a final protective order (which can last up to two years or more). Both sides can present evidence and testimony. At this stage, the court will carefully review the proof before deciding whether to make the order permanent.
Defending Against a Protective Order in Texas
If someone has filed for a restraining order against you in McKinney, you also have the right to present evidence.
Common defenses include:
- Showing inconsistencies or contradictions in the other party’s testimony
- Providing alibi evidence that you were not present at the alleged incident
- Presenting your own witnesses or records to dispute the claims
- Highlighting the lack of credible evidence supporting the ongoing danger
Protective orders can have a serious impact on many aspects of your life all at once, and the consequences of a violation are severe as well. This is one reason why having an experienced defense attorney on your side is so important.
Contact the McKinney Criminal Defense Lawyers at Texas Defense Firm for Help Today
In McKinney, TX, a protective order can be issued when the court is convinced that past harm occurred and that future harm is likely. Both sides have the opportunity to present evidence, and the outcome can have lasting effects.
If you are involved in a protective order case, working with an experienced McKinney criminal defense attorney at Texas Defense Firm can help you protect your rights and prepare a strong response. Set up an initial consultation today to learn more.
Texas Defense Firm – McKinney Office
7300 State Highway 121 Suite 400
McKinney TX 75070
(972) 369-0577
Available 24/7
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Dallas TX 75244
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