How Do I File a Temporary Restraining Order?

Protecting What Matters

Family law cases can be very lengthy, and you may have a need to have some sort of legal action taken sooner to better protect you and your family. Perhaps you are afraid that your spouse will do something that may cause harm at some point in your case. In this type of emergency situation, a temporary restraining order may be the best option.

What is a Temporary Restraining Order?

A temporary restraining order is an emergency order that prevents a named party from taking certain actions. The Texas Family Code outlines several actions that can be named, including the following:

• Harassing the other party.

• Making withdrawals from joint bank accounts.

• Selling property.

• Removing a child from a school or daycare system.

• Damaging property with intent to cause loss.

• Interacting with the private information of another party, such as opening mail or entering a safe deposit box.

In certain emergency situations, a temporary restraining order could potentially prevent a parent from seeing a child. These types of orders last until a hearing can be held or for a period of 14 days, but they can also be extended depending on the circumstances.

How Do I Get a Temporary Restraining Order?

To have a temporary restraining order put in place, you must first file a Motion for Temporary Restraining Order with the court. This can be done with or without notifying the other spouse. Once filed, there will then be a temporary orders hearing and the judge will make whatever orders are deemed necessary.

Note that if children are involved in the divorce or the order you are seeking, you must provide a sworn affidavit noting why the children’s best interests will be harmed if the temporary restraining order is not granted.

Have a Texas Divorce Attorney Help You

A divorce attorney is the best tool to help you determine if temporary restraining orders are needed and to help you throughout the process. Verner Brumley Mueller Parker is here to help you protect what matters most.

To set up a consultation with a member of our family law team, call our office at (214) 225-6766 or visit us online.