Temporary Restraining Order in a Texas Divorce

Temporary Restraining Order in a Texas Divorce - Divorce is often more than just an emotional separation; it can also bring urgent safety, custody, and financial issues to the forefront. In the tense early days of a divorce, one spouse may take impulsive or harmful actions such as hiding assets, moving children without permission, or engaging in harassment.

To address these immediate risks, Texas courts provide a fast-acting legal tool known as a "Temporary Restraining Order" (TRO).

At Kamal Law Firm, we guide clients through the process of obtaining and enforcing TROs to ensure safety, stability, and fairness from the moment divorce proceedings begin.

What Is a Temporary Restraining Order (TRO)?

A TRO is a short-term court order issued at the very start of a divorce case. It is designed to preserve the status quo and prevent harmful or disruptive actions while the case is pending.

A TRO can prohibit a spouse from:

• Financial Misconduct: Transferring, hiding, or selling marital property without consent.

• Harassment or Abuse: Verbally, physically, or emotionally harassing the other spouse or children.

• Interference with Property: Damaging, selling, or altering property such as vehicles, real estate, or business assets.

• Custody Interference: Removing children from their home, school, or usual routine without agreement.

• Disturbing the Peace: Creating hostile or unsafe conditions at the family home.

When to Request a TRO

A TRO is usually requested at the same time you file for divorce or shortly afterwards. You should consider seeking one if you suspect your spouse may:

• Drain joint bank accounts or max out shared credit cards.

• Secretly move or sell valuable property.

• Threaten or intimidate you or the children.

• Remove children from school or take them out of state without permission.

How the Process Works

1. Filing the Affidavit – Your attorney prepares an affidavit outlining the specific threats or harmful actions that justify immediate court intervention.

2. Judge’s Review – In urgent situations, the judge may grant the TRO without notifying your spouse first (called an "ex parte" order).

3. Immediate Enforcement – Once issued, the TRO is enforceable by law enforcement. Your spouse must comply immediately.

4. Hearing for Temporary Orders – The TRO lasts only 14–21 days. The court then holds a hearing where both sides present evidence. At that point, the TRO may expire, be extended or be replaced by Temporary Orders (longer-term orders that remain in effect until the divorce is finalized).

Why TROs Are So Important in Divorce

Without a TRO in place, your spouse could take steps that cause irreversible harm before the court has a chance to act, such as:

• Selling your jointly owned home

• Wiping out savings accounts

• Taking children out of your care for extended periods

• Destroying or hiding business records

A TRO gives you breathing room and legal protection while you and your attorney work on a more comprehensive set of temporary orders to manage custody, finances, and property use during the divorce.

What Happens If a TRO Is Violated?

Violating a TRO is a serious legal offence in Texas. Consequences may include:

• Contempt of court (possible fines or jail time)

• Negative impact on custody decisions

• Court-ordered reimbursement for lost or damaged assets

Your attorney can file an enforcement motion immediately if a violation occurs, and law enforcement can intervene.

Final Takeaway On Temporary Restraining Order in a Texas Divorce

Divorce can be unpredictable and emotionally charged, but you do not have to face it without legal safeguards. A "Temporary Restraining Order in a Texas Divorce" can immediately stop harmful actions, protect your assets, and secure your children’s stability while the court works toward fair, long-term solutions.

At Kamal Law Firm, we help clients act quickly to request TROs, enforce them when necessary, and use them strategically to set the stage for a fair divorce outcome.