Are you seeking a divorce or contemplating filing a suit which affects a parent-child relationship? Are you worried your spouse may try to destroy, conceal or damage property? Drain bank accounts? Change your child’s current school, day-care, or extra-curricular activities? Call The Báez Law Firm today to have one of our experienced attorneys discuss with you temporary restraining orders. We are here to help you through this difficult time and help you protect your family and what is most important to you.
When can I file a temporary restraining order?
Temporary restraining orders are issued when a suit to dissolve the marriage is filed or when there is a SAPCF filed with the Court. For more information on divorces and SAPCR’s please view each section we have dedicated to these two issues.
What is the purpose of a temporary restraining order?
A temporary restraining order, or TRO, is used to preserve the status quo while a suit is pending. For example, a TRO can preserve property and/or can restrain a party from acting in a certain manner. Relief available in a TRO when a suit to dissolve the marriage has been filed.
Once a spouse has filed for a divorce, a TRO can help in many ways, including prohibiting the other spouse from:
- Intentionally communicating with that spouse in a profane, obscene, coarse or offensive manner, with the intent to annoy or alarm the party, either in writing or by telephone
- Placing multiple calls to the other party at unreasonable hours, with the intent to annoy or alarm the other party
- Causing bodily injury to the other party either intentionally, knowingly or recklessly
- Threatening the other party or a child of the other party
- Destroying, concealing, removing, harming or reducing the value of any property
- Making withdrawals from financial accounts
- Changing or altering life insurance policies of either party or the parties’ children
- Changing, altering or affecting insurance policies
- Changing, altering or affecting any electricity, water, cable, internet or other services covering the parties’ real property.
Relief available in a TRO when a SAPCR has been filed:
When a SAPCR has been filed with the Court, a TRO can be issued and help in many ways, including:
- Prevent a party from moving the child beyond certain geographical locations. This is usually limited to the county where the child currently resides and surrounding areas.
- Exclude a parent from having visitation or access to the child
- Prevent a party from withdrawing the child from their current school, daycare, afterschool program, or any other extra-curricular activities
- Hiding or secreting a child
How can I get a TRO?
The individual filing the suit does not need to request that the court issue TRO’s. Instead, they are usually automatically attached when an attorney or pro se litigant files their case. This usually takes the form of “standing order.” Texas Courts will often require that “standing orders” be attached to every suit for the dissolution of a marriage (divorce) and every suit which affects the parent-child relationship.
If you have any questions regarding TRO’s or ready to file your divorce or SAPCR call the attorneys at The Báez Law Firm. We can help you make the right decisions for you and your family. Contact our law firm today for more information! 210-979-9777