A Temporary Restraining Order (TRO) is an order that a Court issues at the time a divorce petition is filed to preserve the status quo of the parties with respect to community property and children. A standard TRO prevents either spouse from doing things such as concealing or selling assets, cancelling insurance policies, cutting off utilities, hiding or secreting the children from the other spouse, removing the children from their present school or daycare facility, and/or threatening and harassing each other during the pendency of the divorce. Such standard TROs are signed as a matter of course by any judge in Texas on an ex-parte basis, which means the TRO will issue without an initial hearing. Indeed, many Texas counties have standing orders that automatically impose a mutual TRO on the parties anytime a divorce action is filed.
Sometimes, in extreme circumstances, a TRO can grant “extraordinary relief” to the requesting party in a divorce case. This type of TRO takes the extraordinary step of ordering a spouse to vacate the marital home because of domestic violence or some other extreme reason, limiting a spouse’s access to the children because of abusive or neglectful behavior, or ordering a peace officer to forcibly attach (retrieve) the children from a spouse who may have abducted them or is otherwise holding them in a manner that threatens their immediate safety. In order to obtain a TRO with extraordinary relief, the requesting party must prepare a sworn affidavit that details the abuse or other misconduct of the other party and present such affidavit to the Court, which will consider such requests on a case-by-case basis.
Once a TRO is issued, a hearing must be set within 14 days to address the merits of the TRO and determine whether the TRO should be extended as to both parties in the form of a temporary injunction to stay in place during the entire pendency of the divorce proceeding. If extraordinary relief was granted initially by the Court, the other party will be afforded an opportunity to defend against the allegations contained in the affidavit used to justify the extraordinary TRO. Also at the TRO hearing, the Court will usually consider requests for temporary orders – orders that outline the rules under which the parties will live while the divorce is pending. Issues commonly addressed at a temporary orders hearing involve temporary custody, visitation and support of the children, the temporary use of property, servicing of debt, temporary spousal support and interim attorney fees.
At Sralla Law Offices, we have enjoyed great success in securing extraordinary relief for our clients in situations where extreme measures are warranted. We specialize in securing relief for clients who need help navigating through abusive relationships and situations involving the hiding or abduction of children. When addressing these delicate situations with the Court, it is necessary to have strong legal representation and an effective advocate by your side. With 12 years of experience under his belt, family law attorney Kevin “Buck” Sralla knows how to be the “rock” his clients need in court when the circumstances seem most dire. Contact Kevin “Buck” Sralla, an experienced family law attorney, today to guide you through your divorce. He will provide you with the strength and peace of mind you need during this trying time in your life.
Kevin “Buck” Sralla
Welcome, I am Kevin “Buck” Sralla, an experienced family law attorney in San Antonio, TX. I am licensed to practice in Texas state courts and skilled at advocating for my clients’ rights whether the setting be in a courtroom before a judge or jury or an informal mediation or settlement negotiation process.