Few things in a family law case move as fast — or feel as shocking — as being served with a Temporary Restraining Order. One day things are tense but manageable. The next, there’s a court order restricting your access to your home, your children, or your finances, obtained without you having any say in the matter.
It feels like an ambush. And it often is. But it is not the end of your case. Here’s what you need to know.
What a TRO Is — and What It Isn’t
A Temporary Restraining Order (TRO) in a Texas family law case is a short-term court order entered on an emergency, ex parte basis — meaning the other side presented their arguments to the judge without you being present or notified in advance. The judge grants it based solely on one side’s version of events.
A TRO is temporary. In Texas, a TRO can only be in effect for up to 14 days, though it can be extended by the court for good cause. Within that window, a hearing must be held where both sides can present their arguments. That hearing — the temporary orders hearing — is your first real opportunity to respond.
Common Things a TRO Can Do in a Family Law Case
- Restrict one party from the family home
- Restrict a party’s access to the children pending the temporary orders hearing
- Freeze or restrict access to bank accounts and financial assets
- Prohibit harassment, contact, or communication between the parties
- Require a party to maintain insurance or refrain from canceling it
- Prohibit removing children from a geographic area
Read It Carefully and Comply Completely
The first thing you must do after being served with a TRO is read every word of it. Understand exactly what it prohibits and requires. Then comply with it — completely and immediately — even if you believe it is based on false information.
This cannot be overstated: violating a TRO is contempt of court. It can result in arrest, fines, and jail time. And more importantly for your case, a violation will devastate your credibility at the upcoming temporary orders hearing. Do not give the other side that ammunition.
Your Immediate Priorities
Request the temporary orders hearing date. The TRO must be followed by a hearing. Make sure one is scheduled promptly — within the 14-day window. If a hearing hasn’t been set, contact the court coordinator immediately.
Gather your evidence. You have a narrow window to prepare your response. Start immediately. Pull together documentation that contradicts the basis for the TRO — evidence that the alleged emergency doesn’t exist or was fabricated, evidence of your positive relationship with your children, any communications that support your version of events.
Prepare your counter-narrative. The TRO was obtained based on one side’s sworn affidavit. You need to come to the temporary orders hearing ready to tell your story — calmly, factually, and with documentation. The judge will now hear both sides.
If the TRO Contains False Allegations
TROs based on false or exaggerated allegations are a common tactic in high-conflict family law cases. If you believe the TRO was obtained through misrepresentation, you have options:
- File a motion to dissolve the TRO — this asks the court to lift the order before the 14-day period expires based on the lack of evidence supporting it
- Prepare a detailed written response addressing each allegation with specific counter-evidence
- Request sanctions if the allegations were provably false and filed in bad faith
Be strategic about which approach you take. A motion to dissolve can be effective, but it also tips your hand and gives the other side time to shore up their story before the hearing. In some cases it’s better to hold your response for the hearing itself.
The Temporary Orders Hearing Is Everything
The TRO is temporary — but the temporary orders entered at the hearing that follows it can govern your life for months or years. Everything you do between now and that hearing matters. Your compliance, your documentation, your preparation.
If you’ve just been served with a TRO, reach out to me immediately. This is a time-sensitive situation and the window to prepare is short.
Call: 830.507.3250 | ben@prosecoachtx.com
— Ben Schooley, Pro Se Coach