Protective Legal Support for Urgent Family Law Situations
When a family law case becomes volatile, uncertain, or unsafe, many turn to the courts to issue a Temporary Restraining Order (TRO). If you’re navigating a divorce, custody dispute, or domestic conflict and believe immediate legal protection is necessary, Farias Law Firm can help you take appropriate steps to safeguard your rights and those of your family.
Contact us today at (713) 226-7999 to schedule a consultation and speak with an Austin family law attorney about whether a TRO is appropriate in your situation.
Temporary Restraining Orders in Texas Family Law
A Temporary Restraining Order is a short-term court order designed to prevent certain possible actions or behaviors before a judge can hold a full hearing. In the context of family law, a TRO is often issued to prevent selling or hiding marital assets, changing insurance policies, taking children out of school or state, or limiting access to property.
A TRO isn’t the same thing as a Protective Order, which typically involves allegations of violence or abuse, but it can restrict conduct that could escalate tensions or harm the legal rights of another party.
The primary purpose of a TRO is to maintain the status quo until a temporary order hearing can take place.
When To File a TRO in a Family Law Case
TROs can be requested at the very beginning of a divorce, child custody case, or modification suit. In addition, if the applicant can show that immediate and irreparable harm would result without it, the law in Texas allows the issuance of these orders without needing to give prior notice to the opposing party.
These orders typically last 14 days unless extended by agreement or court order. At Farias Law Firm, we help clients file strategic, legally sound TROs to protect their rights and prevent potentially explosive outcomes.
What a Family Law TRO Prohibits
A family law TRO can prevent one or both parties from taking actions that could harm children, interfere with property rights, or escalate conflict. Some examples of these harmful actions can include:
- Making threats, harassing, or communicating in an abusive manner
- Restricting access to the family residence
- Refusing to make mortgage or utility payments
- Taking, hiding, or damaging jointly owned property
- Removing a child from their school, daycare, or regular caregiver
- Canceling insurance policies or changing beneficiaries
- Concealing or destroying financial records
Texas courts can tailor TROs to the specifics of each case. Judges will generally not issue orders that involve child custody or child support without a hearing, but a TRO can help prevent disruption or interference until that hearing occurs.
At Farias Law Firm, we work with clients to identify which protections are appropriate for their particular case, and we ensure that the TRO reflects those needs.
How To Obtain a TRO
To obtain a TRO in a family law case, our attorneys will file a motion for a TRO alongside your original petition (e.g., a petition for divorce or modification). This motion must clearly state the reasons why the order is necessary and what behaviors or actions should be restricted.
The court may grant the TRO ex parte (without the other party present), but a temporary order hearing must be scheduled within 14 days. At that hearing, both sides can present evidence, and the judge can then issue a more comprehensive temporary injunction to remain in effect for the duration of the case.
TROs are governed by strict procedural requirements under Texas law, and filing without sufficient evidence or specificity can lead to a denial, so it’s important to secure the help of an experienced Austin TRO attorney.
At Farias Law Firm, our team carefully drafts these motions with precision and gathers the evidence needed to present a strong case.
Consequences of a TRO Violation
Violating a Temporary Restraining Order in a family law case can carry serious legal and personal consequences. These orders are enforceable by the court, and disregarding their terms, whether intentionally or not, can quickly escalate the conflict and damage your position in the underlying case.
If you’ve been served with a TRO or are considering requesting one, understanding the risks involved is essential.
Some of the consequences of violation can include:
- Being held in contempt of court, which can result in fines or jail time
- Damage to your credibility in ongoing family law proceedings
- Loss of custody or visitation rights
- A criminal charge in cases involving threats or harassment
Even if you disagree with the order, you must comply until it’s lifted or modified by the court. Ignoring a TRO can make an already complex legal situation much worse.
At Farias Law Firm, we guide clients through every step of the TRO process, from drafting clear, enforceable orders to addressing violations in court when necessary.
How Farias Law Firm Assists With TROs in Texas
Navigating a Temporary Restraining Order in a family law case requires careful legal guidance to ensure the protection of your rights and interests. At Farias Law Firm, we help clients obtain and respond to TROs while guiding and empowering them to make informed decisions. With years of experience in Texas family law, we’re committed to providing clear, strategic advice tailored to your unique situation.
Our legal team is standing by to assist with:
- Filing a motion for TRO and supporting affidavits
- Crafting language to address specific concerns
- Representing you at the temporary orders hearing
- Negotiating interim agreements where possible
- Responding to or challenging a TRO if you’ve been served
Our goal is to provide thorough, informed support through every stage of the process, with a focus on protecting our clients’ legal interests and the stability of their families.
Contact Farias Law Firm for Guidance on Family Law TROs
Whether you’re seeking protection through a Temporary Restraining Order or need to respond to one filed against you, taking early and informed legal action is critical. TROs can shape the course of your family law case, especially when they involve property, children, or personal safety.
At Farias Law Firm, we take a strategic, no-nonsense approach to helping clients navigate the complexities of Texas family law with clarity and confidence. Contact us today at (713) 226-7999 to schedule a consultation.