Temporary Restraining Orders in Austin
Work With an Expert Attorney to Secure Your TRO
Just as its name suggests a temporary restraining order, or TRO, “restrains” by specifying actions that a particular spouse involved in a divorce process must not engage in. These orders are issued by the court to protect property and children while the divorce case is still pending. However, a TRO does not have any effect on the divorce or on a child support case involved in the divorce.
Requirements to Get a Temporary Restraining Order in Texas
Either party in a family law case can ask for temporary orders by filing a Motion for a Temporary Restraining Order, Temporary Injunction and Temporary Orders. You can apply for a TRO without any notice to the other party affected by the order, and the court can make a decision about a TRO without requiring you and your spouse to be present. After filing, the judge will have a temporary orders hearing and then make the temporary orders.
An affidavit or sworn testimony will also be required in the following situations:
- When seeking to attach a child
- To require a child be taken into the possession of another party or person designated by the court
- When you want to deny the other parent access to the child
These orders will last until a final order is signed by the judge. Normally a TRO lasts for 14 days unless the court decides to dissolve or extend it. A notice for a hearing must be contained in the TRO and the hearing must take place within the 14 days after the TRO is granted. It is up to the court to determine whether the terms of the TRO can be made into a temporary injunction. However, for the TRO to be effective, the respondent must receive the notice of the TRO. This order can be delivered through personal service and other methods.
What Does a Temporary Restraining Order Do?
A TRO may prevent a spouse from doing the following:
- Making withdrawals from bank accounts
- Selling or alienating property
- Incurring debt
- Harassing the other party
- Removing child from a certain school or daycare
- Changing or altering the name of a beneficiary of a life insurance policy
- Opening mail or communication addressed to the other party
- Refusing to disclose the amount or location of certain property
- Intentionally damaging or tampering or destroying property to create substantial loss or substantial inconvenience to the other party
- Entering a safe deposit box of either party
A TRO can even order a parent to stay away from a child until a hearing can be held. However, TROs are only valid against the other parent and are not binding on a third party, such as a child care provider, bank, and so on. Texas Family Code Section 6.501 outlines the kinds of behaviors that a TRO can be issued to restrain.