Understanding Temporary Restraining Orders (TROs) in Texas Family Law

Navigating the complexities of family law can be daunting, especially when immediate legal protection is needed. Temporary Restraining Orders (TROs) serve as a critical tool in preserving the status quo and ensuring safety and fairness during legal proceedings. Authorized by the Texas Family Code Sections 6.501 and 105.001, TROs are pivotal in family-law cases involving divorce, annulment, or parent-child relationships (SAPCR).

What is a TRO?
A Temporary Restraining Order (TRO) is a short-term court order issued to prevent a party from taking specific actions that might harm another party or disrupt the legal process. For instance, a TRO can restrain someone from making harassing phone calls or taking actions that could jeopardize property or safety.

​Legal Basis for TROs
The authority to issue TROs in family law cases stems from:

• Texas Family Code § 6.501(a): Pertains to TROs in suits for dissolution of marriage, focusing on protecting spouses and preserving property.
• Texas Family Code § 105.001(a): Relates to TROs in suits affecting the parent-child relationship (SAPCR), aiming to safeguard a child's safety and welfare.

Applications of TROs
TROs in family law are versatile and can be sought for various reasons, including:

• Spouse’s Protection and Property Preservation: Ensuring that neither party engages in actions that could harm the other or squander marital assets.
• Child’s Safety and Welfare: Protecting children from potential harm and maintaining their well-being during legal proceedings.

Ex Parte TROs
One of the unique aspects of TROs under the Texas Family Code is that they can be granted ex parte, meaning without prior notice to the other party or a hearing. This immediate action is crucial when there is a threat of harm or urgent need to maintain the status quo. TROs issued in this manner are effective for up to 14 days unless extended by the court.
Key Differences from Civil Procedure TROsWhile TROs under the Texas Rules of Civil Procedure also aim to prevent harm, those under the Family Code do not always require the court to find that immediate and irreparable injury will occur before a notice can be served and a hearing can be held. An exception exists when a TRO seeks to exclude a parent from possessing or accessing a child, in which case the court must find evidence of irreparable injury.

​Case Law Supporting TROs
Two significant cases illustrate the use and importance of TROs in Texas:

• In re Newton, 146 S.W.3d 648, 651 (Tex 2004): Although not a family-law case, it highlights the role of TROs in restraining actions to preserve the status quo.
• Brines v. McIlhaney, 596 S.W.2d 519, 523 (Tex 1980): Demonstrates how TROs are employed to maintain stability pending a hearing on a motion for a temporary injunction.

Temporary Restraining Orders are vital in managing and protecting the interests of parties involved in family law disputes. Whether it's ensuring the safety of a spouse, preserving marital property, or protecting a child's welfare, TROs provide immediate relief and stability during potentially turbulent times. If you find yourself in need of a TRO or have questions about your rights in a family law case, consulting with a knowledgeable attorney is essential to navigate these legal protections effectively.

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