Protective Orders & Temporary Restraining Orders
When safety, stability, or property are at risk, immediate legal action may be necessary. Texas law provides remedies such as Protective Orders and Temporary Restraining Orders (TROs) to address urgent situations involving family violence, threats, harassment, or the potential dissipation of assets during a family law case.
A Protective Order is designed to protect individuals from family violence, dating violence, sexual assault, stalking, or threats of harm. Protective orders can impose serious restrictions, including prohibiting contact, removing a party from the home, and limiting access to children.
Protective orders in Texas may affect child custody, your property, and can carry criminal penalties if violated. Protective orders can be temporary or final, and hearings often occur quickly. In the event you wish to get a protective order, Pittman & Henderson Law Firm can assist you in filing the application for protective order, and requesting a temporary ex parte protective order. A temporary ex parte protective order provides immediate relief, and sets the hearing within 14 days. In the event the family violence occurred 30 days prior to the filing, you can request a “kick-out” provision, which removes the perpetrator from the residence. We assist clients with preparing evidence, presenting testimony, and advocating effectively in these high-stakes proceedings.
A Temporary Restraining Order (“TRO”) is commonly requested at the outset of a divorce or custody case to preserve the status quo and prevent harmful conduct while the case is pending. A “boilerplate” Temporary Restraining Order usually is in line with a county’s standing orders, and require a hearing within 14 days from the date of signing of the TRO. A TRO that includes “extraordinary relief” can deny a person possession of and access to the children. This requires an affidavit that alleges significant risk of harm to the children, and will require a hearing within 14 days from the date of signing of the TRO. Texas TROs may address issues such as preventing harassment, threats, or interference with children, restricting the sale, transfer, or concealment of marital property, preserving financial accounts and assets, and maintaining existing living arrangements
TROs are typically short-term and often followed by a Temporary Orders hearing, where the court determines whether restrictions should remain in place.
If you need protection or have been served with a Protective Order or Temporary Restraining Order in Texas do not wait to seek legal guidance. Early representation can significantly affect the outcome.
