| In Austin, Texas parties to a divorce proceeding or suit | | | | difference between the temporary restraining order |
| affecting the parent-child relationship are going to have | | | | and a temporary injunction is that a temporary |
| three kinds of relief in family law cases: temporary | | | | injunction requires notice and a hearing before the |
| restraining orders, or "TRO's", temporary injunctions | | | | Texas court can grant relief. As I said, generally, the |
| and temporary orders. | | | | temporary injunction is going to remain in effect until |
| Temporary restraining orders are used to maintain the | | | | there is a final judgment. However, the temporary |
| "status quo." Under the Texas Family Code, a | | | | injunction may be lifted by another order by the court. |
| temporary restraining order may be granted ex-parte | | | | Typically, a temporary injunction is used to extend an |
| without notice to the other party for a period of 14 | | | | already existing temporary restraining order. |
| days. (Ex-parte refers to a situation where only one | | | | Temporary orders are regarded differently than |
| party appears before the judge.) The petition or motion | | | | temporary restraining orders and temporary injunctions. |
| must "state what relief the court is being asked to | | | | Temporary orders are regarded as "non-injunctive" in |
| grant." Furthermore, the petition or motion must state | | | | nature. While, temporary orders are regarded as |
| the statutory grounds on which the request is based. | | | | "non-injunctive" they may have some mandatory or |
| By preserving the "status quo," the temporary | | | | prohibitory effects. For example, if one of the parties |
| restraining order may stop a party from doing some | | | | (either husband or wife)to a suit-affecting the |
| act. For example: a husband and wife own a house in | | | | parent-child relationship wants possession and access |
| Austin, which is located in Travis County, Texas. The | | | | to a child that constitutes a departure from Standard |
| husband is filing for divorce, but is afraid that his wife is | | | | Possession Order that party must present evidence to |
| going to reduce the value of the house or other | | | | the court to justify this variation. One factor to be |
| household property. The husband may ask the Travis | | | | considered by the court is the child's age. If a child is |
| County Court for relief by asking the court to | | | | under the age of 3 then the court may deviate from |
| temporarily restrain his wife from intentionally, | | | | the Standard Possession Order. That being said, the |
| knowingly, or recklessly destroying, removing, | | | | best interest of the child standard is going to be the |
| concealing, encumbering, transferring, or otherwise | | | | courts chief concern when determining |
| harming or reducing the value of the property of the | | | | conservatorship, possession or access to the child. |
| parties, etc. In Texas, a temporary restraining order | | | | Furthermore, the parties to a suit affecting the |
| may be employed in combination with a suit for | | | | parent-child relationship may request the court to grant |
| dissolution of a marriage, (a.k.a. divorce) or in a suit | | | | an order that echo's an agreement entered into by the |
| affecting the parent-child relationship. A temporary | | | | parties. |
| restraining order may be employed to protect a child's | | | | Disclaimer: This site and any information contained |
| safety and welfare, the preservation of property, or to | | | | within this site is intended for informational purposes |
| protect one of the parties. | | | | only and should not be construed as legal advice. The |
| While a temporary restraining order generally refers to | | | | excerpts taken from the Texas Penal and Family |
| an ex-parte request to maintain the "status quo" for a | | | | Code, and other Texas Codes are not all-inclusive. |
| short duration of time, a temporary injunction is used to | | | | Furthermore, due to the rapidly shifting nature of the |
| maintain the "status quo" until the case is resolved. In | | | | law, we make no warranty or guarantee concerning |
| other words, a temporary injunction is used to stop a | | | | the accuracy or reliability of the content at this site. Do |
| party, (either husband or wife) from doing some | | | | not attempt to interpret the law. You should consult an |
| "specified activity" until the case is resolved. A major | | | | attorney for advice on any legal matter. |