Temporary Restraining Orders in Texas
Protecting Your Family and Property During Divorce
A temporary restraining order provides immediate protection during a divorce by preventing certain actions that could harm property, finances, or the well-being of children. It is a short-term measure designed to maintain stability until the court can address longer-term arrangements. While it does not determine the outcome of the divorce or change child support obligations, it can be an important safeguard during the process. At JDY Law, we help clients obtain temporary restraining orders and protect their rights as their case moves forward.
How to Obtain a Temporary Restraining Order in Texas
In Texas family law cases, either spouse can request temporary orders by filing a motion for a temporary restraining order, temporary injunction, or temporary orders. In many situations, you can request a temporary restraining order without notifying the other party in advance, and the court may issue the order without requiring both spouses to be present. Once the motion is filed, the court will schedule a hearing to review the request and issue the temporary orders.
Affidavits and Sworn Testimony
Certain situations require supporting affidavits or sworn testimony, including:
Requests to take custody of a child
Orders directing that a child be placed in the care of another parent or guardian designated by the court
Denying the other parent access to the child
Temporary restraining orders typically remain in effect until a final court order is issued. In most cases, a temporary restraining order lasts 14 days unless the court decides to extend or dissolve it. The order must include notice of a hearing, which must occur within the 14-day period. While the court can decide whether the temporary restraining order becomes a temporary injunction, it only takes effect once the other parent is formally notified, usually through personal service or another approved method.
What a Temporary Restraining Order Can Do
Temporary restraining orders can place restrictions on a variety of actions to prevent harm, harassment, or interference during the divorce process. Examples include:
Making withdrawals from joint bank accounts
Selling, transferring, or encumbering property
Incurring new debts
Harassing the other parent
Removing a child from a school or daycare
Changing the beneficiary on a life insurance policy
Opening mail or other communications addressed to the other party
Concealing, destroying, or damaging property
Entering a safe deposit box belonging to either party
A temporary restraining order can even restrict a parent from contacting or being near a child until a hearing is held. It is important to note that these orders are only legally binding on the parties named in the order—they do not extend to third parties such as childcare providers, banks, or other institutions. The Texas Family Code Section 6.501 defines the types of conduct that a temporary restraining order may address.
At JDY Law, our family law team helps clients understand the requirements for obtaining a temporary restraining order, prepares the necessary filings, and advocates for your rights to ensure your safety and protect your children during this critical time.
