What is a TRO in a Divorce or Custody Case in Texas?

by Ricardo Barrera

What is a TRO in a Divorce of Custody Case in Texas?

In Texas, a TRO (Temporary Restraining Order) may be granted by a judge relating to the protection of community property, the protection of children, and generally to avoid retaliation from the other party once they are served with divorce or custody papers. It is effective for 14 days and may be extended, but a hearing must be set within that 14-day period.

What can be requested in a TRO?

Upon sworn affidavit, certain things can be asked for as part of that Temporary Restraining Order if there is an imminent danger to children, which can be anything from drug use, physical abuse, and much more. Ultimately, the Court will require strict proof of any allegation and the general outcome is usually to preserve property for division in a divorce and maintain the status quo for children in a custody related matter.

It’s important to understand that virtually anything can be requested at a temporary orders hearing if it is rational to the Court, fair to a spouse or parent, and in the best interest of the child.

It’s important to retain a qualified attorney to assist in family law matters. Please call The Barrera Law Firm at (956) 428-2822 or contact us online.



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