A Temporary Restraining Order is an emergency court order that prevents a person from performing some action until a temporary orders hearing can be held. It is generally referred to as a TRO.
A divorce proceeding can turn ugly really fast. In a divorce we think that we can agree to separate and each go our own way. But then issues like property and our children get pulled into the mix. These things make our feelings very raw. Tempers flair and communication stops. A TRO helps to prevent the matter from getting worse. It limits what a person can do.
A Temporary Restraining Order is different from a protective order. If you are a victim of family violence, review our blog on protective orders.
Why Use A Temporary Restraining Order
If you are going through a divorce and believe your spouse will hide, move, or destroy items. You may need to prevent even vulgar or harmful communication. There are situations where your spouse may try and limit or harm your relationship with your child. You need a temporary restraining order to prevent any of the above.
The TRO is intended to protect your assets and your family structure. It is not always necessary. But it is a tool that can be used in the right situation.
How To Get A Temporary Restraining Order
Meet with your family law attorney. They will help you understand the right time to ask the court for a temporary restraining order. Many counties in Texas have Standing Orders which prohibit a person from doing things that you may request in a TRO. Your attorney will explain this to you.
You must file an affidavit with the court explaining why the Temporary Restraining Order is necessary. No notice needs to given to the other party. A judge may make a ruling on the TRO without either party present.
Conclusion
We know that a divorce is difficult for you and hard on your whole family. Please use a professional to help you to get through this difficult time.
