Temporary Restraining Order Texas
Practice Areas
TROs, Temporary Injunctions, and Temporary Orders in Emergency Situations
In an emergency situation, immediate legal action can be crucial to protect your rights and the well-being of your family. At the Law Office of Katy M. Lovett, PLLC, we are experienced in handling urgent family law cases that require swift intervention, such as securing temporary restraining orders, temporary injunctions, and temporary orders to address pressing issues like child custody, financial matters, or safety concerns.
Contact our law firm today to discuss how experienced family law attorney Katy M. Lovett can help you safeguard your family and future during an emergency situation.
What is a TRO?
A temporary restraining order (TRO) is a short-term legal measure issued by the Texas courts to prevent immediate harm or changes in family matters, such as child custody disputes, until the temporary orders hearing occurs.
Temporary restraining orders are often granted ex parte, meaning they can be issued without the other party’s presence. They are typically used to stop actions like removing children from a certain environment or making unilateral child custody decisions. A TRO usually lasts 14 days or until the temporary orders hearing, after which the court will issue a final order.
Unlike a protective order, which is specifically designed to address family violence or child abuse, a TRO deals with broader issues, including child custody and personal property. If you’re facing an emergency situation and need immediate legal protection, contact our law firm to discuss your options.
What are Temporary Orders?
Temporary orders are court-issued rulings that provide immediate solutions for parties involved in family law cases. In situations like divorce, temporary orders help address pressing matters like child custody and child support to ensure stability while the legal process unfolds. Temporary orders are designed to protect the interests of both parties and their children until a final order is reached.
What is a Temporary Injunction?
A temporary injunction is a court order issued to prevent the other party from taking specific actions that could cause harm or negatively impact the outcome of a family law case. A temporary restraining order (TRO) will contain temporary injunctions, which are then usually made into an injunction during the pendency of the case after a formal hearing.
These orders maintain stability during ongoing legal proceedings, such as preventing the sale of marital property, restricting relocation with children, or halting certain financial actions. The temporary injunction usually will remain in effect until the case is resolved or the court issues a further ruling, helping protect both parties’ interests and rights as the legal process unfolds.
Grounds for Temporary Restraining Order in Texas
According to the Texas Rules of Civil Procedure 680, a TRO is granted when it is clear that without immediate legal intervention, the applicant may suffer severe consequences before the case can be fully heard in court.
A temporary restraining order (TRO) is issued when there is an urgent need to prevent immediate harm or changes in a legal situation before a full court hearing can take place. The grounds for obtaining a TRO involve the risk of irreparable injury, meaning harm that cannot be undone or compensated by money alone. This could include preventing the adverse party from removing children from their home, transferring or selling personal property, or disrupting a business.
How to Get a Temporary Restraining Order in Texas
The first step to obtaining a temporary restraining order (TRO) in Texas is to file a petition with the court outlining why immediate legal action is necessary. The petition must demonstrate that you are at risk of irreparable injury if the other party is not restrained from taking certain actions.
Under the Texas Rules of Civil Procedure 680, the court may issue a TRO without notifying the other party (ex parte) if the situation is urgent. Once the petition is filed, a judge will review it and decide whether to grant the TRO.
If approved, the temporary restraining order will typically remain in place for 14 days or until a temporary orders hearing is held, where both parties will have the opportunity to present their case.
Temporary Restraining Orders FAQs
What Can Temporary Restraining Orders Prevent?
Temporary restraining orders (TROs) are powerful legal tools that can prevent a range of actions to protect the interests of both parties in a family law case. A TRO can stop the other party from withdrawing funds from a shared bank account, selling or transferring property, and making decisions regarding child custody without consent.
How Long Does a Temporary Restraining Order Last?
A temporary restraining order (TRO) typically lasts for 14 days in Texas or until a temporary orders hearing is held. In some cases, the court may extend the TRO for an additional period if needed, but it is generally meant to provide short-term protection until a final judgment can take place.
When Do Temporary Orders Go Into Effect?
Temporary orders go into effect immediately after the court issues them. Once both parties have attended the hearing and the judge signs the order, the terms outlined in the temporary orders are legally binding and must be followed until the final order is reached.
What Happens at a Temporary Orders Hearing?
At a temporary orders hearing, the judge will listen to arguments from both you and the other side to determine whether the temporary restraining order should remain in effect or be modified. Based on the hearing, the judge may issue temporary orders that provide further protection or resolve immediate concerns until a final decision is made.
How Long Does it Take for an Injunction to Be Served?
The time it takes for an injunction to be served depends on how quickly the court processes the order and the availability of law enforcement or a process server to deliver it. Typically, an injunction is served within a few days after it is issued by the court, though in urgent cases, it can be expedited to ensure prompt service to the other party.
When is a Protective Order Better for a Child than a Temporary Restraining Order?
A protective order is often better for a child than a temporary restraining order when there is a risk of child abuse or ongoing family violence. Protective orders offer stronger and longer-lasting protection in cases involving threats or harm to a child’s safety, as they are specifically designed to prevent further abuse and can last for up to two years or more, depending on the circumstances.
Contact Family Law Attorney Katy M. Lovett for Help with Temporary Restraining Orders in Texas
If you’re facing an urgent family law issue and need assistance with a temporary restraining order in Texas, Williamson County family law attorney Katy M. Lovett is here to help. With her experience and commitment, she will provide the guidance you need during this challenging time.
Call 512-956-5356 to schedule a consultation and take the first step toward securing your family’s safety.
At the Law Office of Katy M. Lovett, PLLC, you are not just a case number. Our family law attorney takes the time to listen to your concerns, understand your goals, and develop a strategic approach that aligns with your needs under Texas law.
