What Is A Temporary Restraining Order? - Bineham & Gillen

lawWhat Is A Temporary Restraining Order?

December 7, 2021by James Gillen

Divorce is tough, no matter what the circumstances are. However, if you fear that your spouse will cause harm to you, your children or your property or you need help accessing creating documents for the divorce, then you should consider filing a temporary order. It can be difficult to file temporary orders – with all the proper guidelines, you need without the help of a professional lawyer.

Here at Bineham & Gillen, we know all the ins and outs when it comes to restraining orders. Here is everything you need to know about temporary orders.

What Are Temporary Orders?

Family law (like divorce or custody) proceedings can take a while to run their course. In the meantime, you may need some guidelines on access to your children or the use of the property. This is where temporary orders come in. If either party files for temporary orders, a hearing will be held to allow a judge to determine what temporary orders will be implemented.

If you believe your spouse may harm your property or children before the temporary orders hearing, you can file for a temporary restraining order.

What Can Temporary Orders Include?

In cases involving children, temporary orders can include guidelines to protect you and your children’s safety. Some of these orders can include:

  • Conservatorship (custody)
  • Possession (visitation)
  • Child support
  • The provision of health insurance
  • The exchange of financial information necessary to set child support

In cases that don’t involve children, some of the provisions can include:

  • Use of property
  • Payment of debts
  • Spousal support
  • Interim attorney’s fees
  • The exchange of information necessary to fairly divide property and debt

Temporary Restraining Orders vs. Protective Orders

Although temporary restraining orders and protective orders must both be signed by a court, there are some significant differences between the two.

Protective Orders

A protective order is designed for abuse situations of a child or other family member. The order basically states the behaviors that the respondent must refrain from during the recorded amount of time in the order. A temporary protective order lasts 20 days, but once signed by a judge can last anywhere from 2 years to the entire lifetime of the petitioner.

Temporary Restraining Orders

A temporary restraining order is also meant to protect people, but it also handles the protection of property. A temporary restraining order (or TRO) is an emergency court order and can prevent stalking or harassment, as well as limit a person’s use of certain objects — like cars or bank accounts — for a certain amount of time. The maximum length of a TRO is 14 days, after which it will expire, or extensions will be added.

A TRO does not include provisions about child custody, support or exclusion of a spouse from the home. However, in emergency cases, it can prevent a spouse from seeing a child until the hearing.

Violating A Temporary Restraining Order

Unlike with a protective order, temporary restraining order violations are almost exclusively handled in civil courts. The party at fault can be ordered to pay fines for breaking the order. For severe cases, the party could be sentenced to jail time.

Receiving A Temporary Restraining Order

Follow these steps if you’re being served with a TRO:

  • Read the entire temporary restraining order.
  • Obey all the stipulations in the TRO.
  • Seek legal help as soon as you can.
  • Attend the hearing. (If you do not attend, the judge can make orders about your family, property and money without your knowledge)

***A TRO is not the same as a protective order. Being served with a TRO doesn’t necessarily mean you have done something wrong.

Temporary Restraining Orders Made Easy

Our team simplifies TROs and takes the guesswork out of whether to file a protective order. TROs maintain the status quo and block actions. A protective order guards family members who are in danger.

It’s important to understand the difference between the filings, and which types of protection you can expect from each one. Bexar County law mandates TROs in all divorce and child-parent relationship cases. Our attorneys can help navigate these waters with our seasoned experts.

Contact The Experts

If you need help with a TRO or any other protective orders, call the experts here at Bineham & Gillen. We have experience representing both men and women in divorce and separation cases, so we understand the nuances of each individual’s circumstances.

Whether you need to file a restraining order or need an attorney to defend a restraining order, we work hard to get you the results you want while maintaining truth and integrity in our practice. Give us a call today!