Weinman & Associates

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What Does A Temporary Restraining Order Do In A Texas Divorce?

On Behalf of | Oct 28, 2022 | Divorce

If you are going through a divorce in Texas and are seeking a temporary restraining order, you need to be aware of the process and what is involved. A temporary restraining order (TRO) is a way for one spouse to protect themselves from the other spouse during the divorce process. It is important to understand that a TRO is not a final order but rather a way to help keep the peace until you finalize the divorce.

What is a TRO?

A TRO is a legal order issued by a court that requires one person to stop harming another. It can also order the person to stay away from the victim’s home, work or school. A TRO can even forbid the person from contacting the victim by phone, email or social media.

How do I get a TRO?

If you are seeking a TRO in Texas, you will need to file a petition with the court. The petition must state that you are afraid of your spouse and detail the reasons why. You will also need to have a hearing in front of a judge, where both you and your spouse will have a chance to present your case. The judge will decide whether or not to issue the TRO.

How long does a TRO last?

A TRO is typically only in place for a few weeks or months until the divorce is finalized. In some cases, however, the court may extend the TRO if there is still a risk of harm. Sometimes, the court may also issue a permanent restraining order, which may last indefinitely.

If your spouse violates the terms of the TRO, they can be arrested and charged with a crime. Additionally, they may be held in contempt of court, which can result in fines or jail time.

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