Temporary Restraining Orders and Divorces

by Ricardo Barrera

Restraining OrderUnder Texas law, a temporary restraining order lasts 14 days until a hearing can be conducted in which a judge will weigh evidence to determine whether the entire order, part of it, or none of it shall survive as temporary orders. Temporary Orders may involve issues of access, possession, and support of the child. The initial order by the judge is issued because there is a sworn affidavit attached with allegations that immediate and irreparable injury, loss, or damage will result, affecting the best interest of the children and/or community property, before notice can be served and a hearing can be held.

Some examples of what a temporary restraining order can accomplish involves preventing one parent from removing the children, preventing community property from being wasted or hidden, and preventing the denial of access to property.

If you have been served with a Temporary Restraining Order, it is important that you retain a skilled attorney who will represent your side of the story. A skilled attorney will organize witnesses and bring evidence to disprove any inaccurate statements made against you, which were the basis of the temporary restraining order.



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