Temporary Restraining Order Texas — TRO Process Explained
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Table of Contents
TRO basics under Rule 680
- Source. Texas Rules of Civil Procedure 680
- Type. Civil court order
- Duration. 14 days; one extension to 28 total
- Standard. Verified pleading showing irreparable injury imminent before notice/hearing
- Ex parte allowed. Issued without notice in emergencies
- Hearing follows. Within 14 days; converts to preliminary injunction if continued
- Bond often required. Posted by applicant
- Often part of larger case. Divorce, civil litigation
Common Texas TRO contexts
Divorce TROs (most common):
- Texas Family Code §6.501. Mutual injunctive standard provisions
- Asset preservation. No selling, hiding, transferring
- Harassment prohibitions. No threats, contact restrictions
- Child relocation prohibitions. No removing children from state/county
- Residence access provisions
- Utility and insurance maintenance
- Other civil case TROs. Business disputes, employment, contract
TRO process
- Verified pleading. Sworn statement showing irreparable harm imminent
- Affidavit support. Specific facts supporting need
- Ex parte presentation to judge. When immediate harm threatened
- Judge reviews and grants or denies. Often same-day for emergencies
- Bond posting if required. By applicant
- Service on respondent. Required for effective order
- Hearing scheduled within 14 days. For preliminary injunction
- Preliminary injunction hearing. Both parties heard; full evidence
- Conversion to preliminary injunction. If continued protection warranted
TRO vs preliminary injunction vs permanent injunction
| Stage | Duration | Standard | Procedure |
|---|---|---|---|
| TRO | 14 days | Irreparable injury imminent | Often ex parte |
| Preliminary injunction | Until final judgment | Probability of success + balance of harms | Hearing with notice |
| Permanent injunction | Indefinite | Final judgment standard | Trial on merits |
Standard divorce TRO provisions
Texas Family Code §6.501 standard provisions both spouses subject to:
- No destroying, damaging marital property
- No selling, removing, transferring assets outside ordinary course
- No making excessive expenditures
- No threatening, harassing, alarming other party
- No going to other party's residence to disturb peace
- No removing children from state of Texas
- No interfering with other party's exclusive use of residence/vehicle when designated
- Continuing utilities and insurance
- Various other neutralizing provisions
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Frequently Asked Questions
What's a Texas Temporary Restraining Order?
Civil court order under Texas Rules of Civil Procedure Rule 680 providing immediate temporary protection. 14 days duration (one 14-day extension possible). Standard: verified pleading showing irreparable injury imminent before notice/hearing. Often used in divorce proceedings.
How fast can I get a TRO in Texas?
Often same-day when filed with proper verified pleading and affidavit. Ex parte issuance allowed when immediate harm threatened. Judge reviews submission; can grant immediately. Service on respondent then required for effective enforcement.
What's the difference between a Texas TRO and protective order?
TRO: civil court order in larger case (often divorce); 14 days; civil contempt for violation. Protective Order: statutory family violence order (Family Code Ch. 85); up to 2 years; criminal violation under Penal Code §25.07; firearm prohibition.
Do I need to post bond for Texas TRO?
Often yes — Rule 684 TRCP requires bond unless statutorily exempt. Bond protects respondent from damages if TRO improperly issued. Family violence cases exempt under Texas Family Code §81.001. Amount set by judge.
What happens at a TRO hearing in Texas?
Within 14 days of TRO issuance, preliminary injunction hearing scheduled. Both parties present evidence. Higher standard: probability of success on merits + balance of harms + public interest. Court decides whether to convert TRO to preliminary injunction lasting through case.
