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There's no question about it--divorce can bring out the worst in people. Usually, divorce-related bad behavior is aimed at the other spouse, but, it can also impact the children. Many times, an embittered spouse's actions during a divorce can cause significant emotional and financial hardship.
You can try to minimize the effect of some of this behavior with a temporary restraining order TRO. A TRO is one of those rare legal terms that's actually self-explanatory: It's a court order that temporarily prohibits someone from taking certain actions. It can be frightening to think about all the things a vindictive or greedy spouse can do in a relatively short period of time.
Protective Orders in Texas: You Do Not Need to be in a Divorce
Some of these might include:. If you're worried about these types of issues, a TRO may be essential to maintaining the status quo until your divorce is over. It's called a temporary restraining order because it will normally expire at the end of the divorce process. At that point, either the spouses will resolve the various aspects of the divorce by reaching a settlement, or there will be a trial, where the court will decide all outstanding issues.
Protective Orders in Texas Family Law Cases
In either scenario, the result will be a written judgment which incorporates the settlement agreement or the court's ruling, and the TRO will no longer be necessary. Another reason for obtaining a TRO during divorce is to address domestic violence. In these cases, the court will ordinarily order the alleged offending spouse to stay away from the other spouse and possibly the children until there's a full hearing, usually within a week or so. Learn More. To give you a better overall experience, we want to provide relevant ads that are more useful to you.
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Protective Orders
You can go to court to ask for a protective order to prevent family violence. The court wants to ensure your safety; and so do we. Call An initial hearing will be scheduled soon after you file your papers. There are several types of emergency orders available in Texas.
Restraining Orders – Fannin County, Texas Criminal District Attorney's Office
In cases of family violence, a request for a protective order can be filed by a victim who is related to the offender, living with the offender, or has a child with the offender. We can help you fill out the form, or you can do it yourself. We can accompany you to the first hearing, or you can go alone. At that first hearing, the person you are accusing of abuse will not be present. It will be you, the judge and your lawyer, if you bring one. The judge will ask questions and in most cases will grant a temporary protective order or restraining order that will be in place for 14 days.
That order will be served by the sheriff on the other person and he or she will need to follow a list of conditions that may include:. If you are dependent upon income from the person who must now move out, you will need to ask the judge for a support order.
A permanent restraining order can last up to two 2 years. There are no Texas protective orders that last more than two years.
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Unlike the first hearing, where the judge relied exclusively on your testimony, the accused person will be at this second hearing and will have an opportunity to dispute your claims and make their own case. You will need one, too. You will need evidence to support your claim that you are in fear for your life and safety. Between the first and second hearing, we will work with you to develop evidence you can bring to the judge.
They are well prepared to help you bring your case to court to protect yourself and your children.