Texas Temporary Restraining Orders
What Is A Temporary Restraining Order In A Divorce Or Child Custody Case?
In Texas, a Temporary Restraining Order (or “TRO”) is a document filed with your initial petition. It can be filed in a divorce or a child custody matter. As the name suggests, once signed, it temporary restrains you, the other party, or both you and the other party from engaging in certain acts.
If you are in need of a Temporary Restraining Order, or would like more information, contact Hunt Law Firm, PLLC today.
On This Page
- How Long Does a Temporary Restraining Order Last?
- Once a TRO is Signed by the Judge, What Do I Do Next?
- What Can a Temporary Restraining Order Prevent?
- What Can’t the Temporary Restraining Order Include?
- What if There is Family Violence?
- What if the Other Side Violates the Temporary Restraining Order?
A temporary restraining order is signed by the judge without a hearing and is effective for 14 days. However, you may request an extension of an additional 14 days before its expiration for good cause.
Typically, the court will give you a temporary orders hearing date. You must then get the other side served. If the other side does not get served with the Temporary Restraining Order, they cannot be held in contempt for violating the Temporary Restraining Order.
Typically, a Temporary Restraining Order may prevent the other party from doing acts such as the following:
- Removing the child from school or daycare
- Harassing the other parent
- Incurring additional debt
- Selling property
- Damaging or destroying property
- Withdrawing money from the bank account unless it’s for necessary living expenses
- Changing the beneficiary on an insurance policy
For these very standard orders, they are usually “joint and mutual” which means you will be under the same orders. If you would like any orders to only be against the other party, you must demonstrate an emergency situation.
You can also ask the court for additional temporary requests until a hearing is held such as the other parent being excluded from the children, exclusive use of a residence, or only supervised visitations with the children. These requests are called “extraordinary relief.” To show an emergency situation and/or requests for extraordinary relief, you will need to file an affidavit with the court along with your petition and temporary restraining order.
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.
If there is any type of family violence including child abuse, you may need to speak to a lawyer about getting a Protective Order which is different from a Temporary Restraining Order.
If the other side violates the Temporary Restraining Order, you will need to let the court know at the Temporary Orders hearing. If asked, the court will likely make the Temporary Restraining Order into Temporary Injunctions that survive while the case is pending.
If you need a Temporary Restraining Order or had one served on you, it is important you speak to an attorney with experience in dealing with these.
Call (832) 781-0320 today to learn more.
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