Texas Temporary Injunctions First, We Listen. Then, We Build a Plan.

Temporary Injunction Attorney in Austin

Protect Your Best Interests During a Divorce

Temporary injunctions serve the purpose of protecting a party or a child and preservation of property during a divorce. When a temporary injunction is granted, it is deemed that the party it was filed against is prohibited from the actions that have been detailed in the order. For such orders to be given, both parties must attend a hearing held before a judge. That means that the other party must be given a notice for that hearing. The respondent receiving a notice and being allowed to attend the hearing before a judge is the main difference between a temporary injunction and a temporary restraining order (TRO).

Contact Hembree Bell Law Firm, PLLC to discuss your legal options during a divorce. Our Austin temporary injunction lawyer is here to help.

Hearing on Temporary Injunction

A hearing on the temporary injunction should be held within 14 days in the event that a TRO is granted and signed by the court. If a TRO has not been granted, the court can set up a hearing whenever it sees fit. The respondent should receive a notice within 3 days unless the court shortens the time frame or the other party waives it.

Evidence is required at the temporary injunction hearing even if the defendant does not appear at the hearing. You have the right to be heard, but the trial court can still place some reasonable limits on your evidence presentation. However, if a defendant had violated a temporary restraining order, that fact will not determine whether the court enters the temporary injunction.

The defendant should appear at the hearing even if the defendant does not believe the court has jurisdiction over the case. If the temporary injunction is granted in your absence, you can discuss modifying the order or dissolving it altogether with your attorney.

Temporary Injunction Orders

A temporary injunction order must state the reasons why the injunction was issued by defining injury and describing what is irreparable. The facts that are enjoined in the order must be clear, specific, and unambiguous. This is for the purpose of making it easy for the defendant to know exactly what duties are imposed on the defendant.

An injunction order may include:

  • Payments to be made to either spouse
  • Prohibiting parties from spending funds beyond a certain amount
  • Appointing a receiver to preserve property belonging to the parties
  • Require a party to produce books, documents, papers, and tangible things
  • Awarding one party exclusive control of a party’s business or occupation
  • Ordering payments of expenses and attorney fees

An experienced Austin divorce attorney can help review a temporary injunction and advise you on the appropriate actions to take.

The Expiration of Temporary Injunctions

Temporary restriction orders expire after 14 days, but can be extended by the court or by agreement of the parties. However, temporary injunctions expire based on the specifications in the order or on the date the divorce is finalized. The order may also expire when the parties decide to dissolve it. Note that third-parties, such as business partners, banks, and others, can be bound by a temporary injunction. However, for it to be valid against third-parties, it must comply with certain requirements.

Call our Austin temporary injunction attorney at (512) 768-9737 to learn more.

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