Temporary Restraining Orders in a Divorce or Child Custody Case in Texas

In Texas, a party can seek 3 types of temporary relief when filing a family law case to include: (1) Temporary Restraining Orders (TRO), (2)Temporary Injunction, and/or (3) Temporary Orders.

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Protective Orders

If you have been a victim of family violence you should always seek help immediately by contacting and reporting any act of family violence directly to the police. When a party is seeking a Protective Order the Court must find that family violence has occurred in the past and that it is likely to occur in the future. There is no time limit of when the past family violence occurred only that it likely to occur in the future. Usually Protective Orders will last 2 years and the parties cannot agree to modify or change a Protective Order once it has been Ordered by the Court.


Temporary Restraining Orders & Temporary Injunctions

Commonly referred to as TRO, they are used to preserve the status quo by restraining a party from doing some act. This is a routine order that prohibits the other spouse (or both spouses) from doing anything to transfer or destroy the property of the marriage or to cause harassment to the other spouse or child. A TRO is effective for 14 days and will normally become a mutually temporary injunction at the temporary orders hearing. If Temporary Orders are not held within 14 days then the TRO must be extended by the Court to remain in effect.
Beginning on May 1, 2013, Bexar County Judicial District Judges have issued a standing order that will apply in every divorce suit and every suit affecting parent child relationship filed in Bexar County Texas. This standing order will need to be attached to all petitions for divorce or child custody filed in Bexar County. This orders both parties to refrain from acts and maintains the status quo of the parties. As with TRO's this order will be effective for 14 days and will automatically become a mutual temporary injunction if neither party contest the standing orders during temporary orders hearing.
Temporary Restraining Orders should not be confused with a Temporary Ex Parte Protective Orders. A TRO will restrain the parties from doing acts but it should not be used to protect members of the family when there is a clear and present danger of family violence, instead one should request a Temporary Ex Parte Protective Order. Generally a TRO order will order the parties from doing specific acts for example: Communicating with Each other in person, by telephone, or in writing in vulgar, profane, obscene, or indecent language or in a coarse or offensive manner.
Temporary Restraining Orders - Legal Representation in San Antonio, TX