Temporary Restraining Orders in a Divorce or Child Custody Case

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.

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.

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If you are a going to file for a divorce or a child custody case, then put the experience of Bineham & Gillen, PLLC behind you. Our firm offers a free consultation so we can understand your case and present options to you. Call 210-541-6800 today to set an appointment with one of our Family attorneys or contact Bineham & Gillen, PLLC.