Texas Temporary Restraining Orders in Family Law
A Temporary Restraining Order — TRO — is one of the first tools we use at the start of a contested Texas divorce. It’s a fast, court-ordered freeze on certain behaviors until the court can hold a hearing on temporary orders. It’s not the same thing as a protective order, and it isn’t about preventing physical danger — it’s about preserving the status quo while everything else gets sorted.
What a Family Law TRO Actually Does
Most family law TROs in Texas are “mutual” and “injunctive” — meaning they apply to both spouses and prohibit specific actions. Standard provisions usually include:
- Not selling, hiding, or wasting marital assets
- Not closing or draining bank or investment accounts
- Not canceling insurance policies
- Not running up debt outside ordinary living expenses
- Not removing the children from a specified geographic area
- Not harassing, threatening, or contacting the other spouse improperly
Courts can also include custom provisions tailored to specific risks — for example, freezing a particular brokerage account or prohibiting contact with a specific third party.
How Fast We Can Get One
A TRO is granted ex parte, which means the judge can sign it without notifying or hearing from the other spouse first. In Texas, a TRO lasts up to 14 days (with a possible 14-day extension), and a hearing on temporary orders is scheduled before it expires. That’s where both sides get to argue what the longer-term rules of the case should be.
TRO vs. Protective Order
These get confused all the time. They are not the same thing:
- A family law TRO addresses property, finances, and the status quo. It doesn’t carry criminal penalties for violation in most cases.
- A Protective Order addresses physical danger — family violence, stalking, abuse. Violating one is a criminal offense and can result in arrest.
If you’re in physical danger, a protective order is the right tool, and we can help with that immediately. If you’re worried your spouse is going to drain accounts or take the kids out of state, a TRO is the right tool.
When You Need One
Common situations where we file a TRO at the start of a case:
- Your spouse has threatened to take the kids and disappear
- Significant assets are at risk of being moved or hidden
- Your spouse has access to accounts and you don’t
- There’s a history of erratic financial behavior
- Communication has broken down to the point of harassment
How We Handle TROs
If a TRO is the right move, we draft it, get it filed, and walk it through the judge’s chambers — usually within a day or two of being retained. Then we prepare for the temporary orders hearing, which is where the case really starts.
Book Your Free Case Evaluation
A real call with a real human. No pressure, no pitch — just a warm conversation about where you are and how we can help. We’ll listen first.
