The Basics of the Temporary Restraining Order (TRO)

The end of a relationship can be very stressful. If one party in the relationship is hurt, they might try to continue to confront the party that has ended the relationship to try to persuade them to continue to stay in the relationship. It can sometimes be necessary to pursue a temporary restraining order (TRO). However, you might be wondering what exactly a temporary restraining order is, and what it can do. Here are the basics of the TRO and how it can help in sensitive family law situations.

What is a Temporary Restraining Order?

A temporary restraining order, ex parte, signed by a judge, prohibits a party from engaging in certain forms of conduct that generally would otherwise be damaging physically or emotionally to a party, or would damage or injure property belonging to the parties. The order may be issued with an ex parte hearing (when only one party appears) and without notifying the other party. After the judge signs the TRO, it must be served on the person who is ordered under the TRO. True to its name, a temporary restraining order is not meant to be permanent and will only be granted for a short period of time. In the State of Texas, an ex parte TRO is in place for 14 days and without a joint agreement to extend the TRO, a temporary orders hearing must take place, so that the “restrained” party can present evidence to the court. At that hearing, the judge will rule whether the TRO will continue or will expire.

In special cases, a TRO may be able to mandate that a parent stay away from a child until a later hearing. A TRO may restrain the person from being within a certain distance from the obtaining party’s home, employment and perhaps the child’s school or child care. It often precludes the party from communication with the obtaining party. If you or your loved ones are at significant risk of being harmed, it is recommended that you contact a domestic violence support resource, such as the National Domestic Violence Hotline or Safe Place.

What Action Can You Take?

At Vaught Law Firm, we understand that divorce can be a stressful and difficult process. If things are escalating and you feel that a temporary restraining order may be necessary, please contact us today. Once you’ve talked with our highly-trained team of divorce and family law attorneys, you’ll know that you’re in the right hands. We promise to handle your case with discretion and expertise, getting you the best possible outcome.