What Proof Is Needed for a Restraining Order?

Restraining orders play a significant role in the criminal justice system in Texas. They are designed to protect individuals from harassment and violence. For defendants facing a possible restraining order against them, it’s important to understand what types of evidence are used to obtain one so you’re able to fight back. 

Burden of Proof for a Restraining Order in Texas

In Texas, the burden of proof for obtaining a restraining order lies with the petitioner – the person seeking the order. The petitioner must demonstrate by a preponderance of the evidence that they are more likely than not at risk of harm or harassment from the respondent (the person the order is against) in order to obtain a protective order or restraining order.

To meet this burden, the petitioner must provide evidence that illustrates a credible threat or a pattern of violence, harassment, or stalking. Common types of evidence include:

Witness Testimony

Statements from the petitioner or third parties who witnessed the alleged behavior can significantly impact a restraining order case. Witness testimony provides firsthand accounts of incidents involving threats, harassment, or violence. 

These statements can come from a number of people, including friends, family members, coworkers, or bystanders. They can be used to corroborate a victim’s account of what happened and strengthen their argument for why a restraining order should be issued. 

Communication Records

Communication records such as texts, emails, or social media messages serve as tangible evidence of the respondent’s behavior. These records can be evidence of direct threats, harassment, or other concerning communications sent to the petitioner. 

For example, threatening messages, persistent unwanted contact, or harassing comments on social media platforms can all demonstrate a pattern of abuse or intimidation. Presenting these records in court can substantiate the petitioner’s claims and showcase the respondent’s intent or state of mind.

Photographic or Video Evidence

Photographic or video evidence provides visual documentation of injuries, property damage, or instances of threatening behavior. Photographs of bruises, cuts, or other physical injuries can confirm allegations of physical abuse. Videos capturing confrontations, aggressive actions, or stalking incidents offer compelling proof of the respondent’s behavior. 

This type of evidence allows the court to see the extent of harm or threat posed, often making a powerful impact on the proceedings.

Police Reports

Police reports are official documents that record prior incidents involving the respondent and petitioner. These reports include detailed accounts of complaints, investigations, or arrests related to the alleged behavior. They can demonstrate a history of violence or harassment, supporting the petitioner’s case by highlighting previous law enforcement involvement. 

They provide an objective account of incidents, adding credibility to the petitioner’s allegations and showing that the concerns were significant enough to warrant police attention.

Medical Records

Medical records offer evidence of injuries or psychological harm resulting from the respondent’s actions. Documentation from doctors, hospitals, or mental health professionals can verify claims of physical assault or emotional abuse. 

For instance, medical reports detailing injuries consistent with abuse or diagnoses of anxiety or PTSD linked to the alleged incidents can be instrumental. 

Physical Evidence

In some cases, there might be physical evidence of the violence presented to the court before it makes its decision regarding the restraining order. This could include an object or weapon that was used to injure the alleged victim or clothes with rips or blood on them. 

Stalking Behavior

Logs or proof of repeated unwanted contact or following can illustrate stalking behavior by the respondent. This may include records of phone calls, text messages, emails, uninvited visits, or instances where the respondent was observed following the petitioner. 

Evidence such as GPS data, surveillance footage, or detailed journals noting dates, times, and locations of occurrences can demonstrate a pattern of obsessive or threatening behavior. 

If you’re a defendant facing a restraining order or other domestic violence-related legal matters (e.g., assault), it’s important to talk to a lawyer as soon as possible.