FAQ: Are Temporary Restraining Orders and Protective Orders the Same? | Bineham & Gillen

FAQsAre Temporary Restraining Orders and Protective Orders the Same Thing?

Temporary Restraining Orders

In Texas, a party can seek three types of temporary relief in a family law case: Temporary Restraining Orders (TRO), Temporary Injunction, and/or (3) Temporary Orders. TROs are commonly used to preserve the status quo by restraining a party from doing some act.

Temporary Restraining Orders

This routine order prohibits a spouse from doing anything to transfer or destroy the property of the marriage or to cause harassment. 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.

Temporary Injuctions

Temporary injunctions are standing orders that are attached to every pleading filed in Bexar County. They are effective for the length of the suit.

Protective Orders

Temporary Restraining Orders should not be confused with a Temporary Ex Parte Protective Order. 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. Contact temporary restraining order lawyers at Bineham & Gillen for more information.

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