| In Austin, Texas parties to a divorce proceeding or suit | | | | resolved. A major difference between the temporary |
| affecting the parent-child relationship are going to have | | | | restraining order and a temporary injunction is that a |
| three kinds of relief in family law cases: temporary | | | | temporary injunction requires notice and a hearing |
| restraining orders, or “TRO’s”, temporary | | | | before the Texas court can grant relief. As I said, |
| injunctions and temporary orders. | | | | generally, the temporary injunction is going to remain in |
| Temporary restraining orders are used to maintain the | | | | effect until there is a final judgment. However, the |
| “status quo.” Under the Texas Family Code, a | | | | temporary injunction may be lifted by another order by |
| temporary restraining order may be granted ex-parte | | | | the court. Typically, a temporary injunction is used to |
| without notice to the other party for a period of 14 | | | | extend an already existing temporary restraining order. |
| days. (Ex-parte refers to a situation where only one | | | | Temporary orders are regarded differently than |
| party appears before the judge.) The petition or motion | | | | temporary restraining orders and temporary injunctions. |
| must “state what relief the court is being asked to | | | | Temporary orders are regarded as |
| grant.” Furthermore, the petition or motion must | | | | “non-injunctive” in nature. While, temporary |
| state the statutory grounds on which the request is | | | | orders are regarded as “non-injunctive” they |
| based. By preserving the “status quo,” the | | | | may have some mandatory or prohibitory effects. For |
| temporary restraining order may stop a party from | | | | example, if one of the parties (either husband or |
| doing some act. For example: a husband and wife | | | | wife)to a suit-affecting the parent-child relationship |
| own a house in Austin, which is located in Travis | | | | wants possession and access to a child that |
| County, Texas. The husband is filing for divorce, but is | | | | constitutes a departure from Standard Possession |
| afraid that his wife is going to reduce the value of the | | | | Order that party must present evidence to the court |
| house or other household property. The husband may | | | | to justify this variation. One factor to be considered by |
| ask the Travis County Court for relief by asking the | | | | the court is the child’s age. If a child is under the |
| court to temporarily restrain his wife from intentionally, | | | | age of 3 then the court may deviate from the |
| knowingly, or recklessly destroying, removing, | | | | Standard Possession Order. That being said, the best |
| concealing, encumbering, transferring, or otherwise | | | | interest of the child standard is going to be the courts |
| harming or reducing the value of the property of the | | | | chief concern when determining conservatorship, |
| parties, etc. In Texas, a temporary restraining order | | | | possession or access to the child. Furthermore, the |
| may be employed in combination with a suit for | | | | parties to a suit affecting the parent-child relationship |
| dissolution of a marriage, (a.k.a. divorce) or in a suit | | | | may request the court to grant an order that |
| affecting the parent-child relationship. A temporary | | | | echo’s an agreement entered into by the parties. |
| restraining order may be employed to protect a | | | | Disclaimer: This site and any information contained |
| child’s safety and welfare, the preservation of | | | | within this site is intended for informational purposes |
| property, or to protect one of the parties. | | | | only and should not be construed as legal advice. The |
| While a temporary restraining order generally refers to | | | | excerpts taken from the Texas Penal and Family |
| an ex-parte request to maintain the “status quo” | | | | Code, and other Texas Codes are not all-inclusive. |
| for a short duration of time, a temporary injunction is | | | | Furthermore, due to the rapidly shifting nature of the |
| used to maintain the “status quo” until the case | | | | law, we make no warranty or guarantee concerning |
| is resolved. In other words, a temporary injunction is | | | | the accuracy or reliability of the content at this site. Do |
| used to stop a party, (either husband or wife) from | | | | not attempt to interpret the law. You should consult an |
| doing some “specified activity” until the case is | | | | attorney for advice on any legal matter. |