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Both forms of legal action prohibit contact by one party to the other. One of the main differences is that restraining orders often last up to one year and are temporary. No-contact agreements are binding contracts that can be removed only by the district attorney or the judge who is working the case.
Known as a protective order under the Texas Family Code, a restraining order is an official court document that orders the abuser to avoid contact with the victim or risk facing legal consequences, such as contempt of court. Its purpose is to protect victims from further abuse.
A Temporary Restraining order is signed without any type of hearing or a chance for both sides to present their case to the judge. Therefore, it is both limited in time and scope. A Temporary Restraining Order cannot set out any orders for child custody, child support, or spousal support.
The Texas Family Code permits courts to issue emergency child custody orders under certain circumstances. Specifically, the court may issue an ex parte order, which is an order issued without notice or a hearing, if it deems such an order necessary for the protection of a child.
If one parent keeps a child away from the other parent when there is not a court order, there is no way to force visitation to happen. Without a court order, neither parent can file an enforcement action. An enforcement action cannot be used to enforce an informal agreement between the parents.