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State Bar of Texas

Temporary Restraining Order (TRO)

A TRO is a legal document issued by a court that orders a person to refrain from engaging in certain activities. In the context of a family law case, a TRO may be sought by a party seeking protection from physical harm, harassment, or intimidation from their spouse, partner, or other family member.

At the outset of a family law case in Texas, either party may seek a TRO. The request can be made orally to the judge during a hearing or in writing through a sworn affidavit. The court will issue a TRO if it finds that there is a credible threat of harm or that there is a likelihood that one party will be harmed before a full hearing can be held.

Once a TRO is issued, the restrained party is prohibited from engaging in certain conduct, such as contacting the protected party or entering their residence. In addition to these restrictions, a TRO may also include provisions regarding child custody and visitation, financial support, and other matters related to the family law case.

A TRO in Texas is typically valid for up to 14 days, after which a hearing must be held to determine whether a longer-term protective order is necessary. At the hearing, both parties will have the opportunity to present evidence and argue their case before the judge. If the court finds that there is sufficient evidence of harm, it may issue a protective order that can last for up to two years.

If a party violates a TRO, they can be held in contempt of court, which may result in fines, jail time, or other penalties. It is important to note that violating a TRO can also have serious consequences for a family law case, as it may be viewed negatively by the court and impact custody, support, and other issues.

In summary, a temporary restraining order is an important tool for protecting individuals in Texas family law cases. If you believe that you need a TRO or if you have been served with one, it is crucial to consult with an experienced family law attorney who can help guide you through the process and ensure that your rights are protected.

Contact Tidwell Law Firm for experienced Family Law Attorneys ready to help you.

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