Texas Temporary Restraining Orders :: Divorce and Family Law

There are two types of temporary restaining orders in Texas family law cases. Temporary restraining orders can be issued as part of a divorce case (Tex. Fam. Code § 6.501) or with respect to a case involving children (Tex. Fam. Code § 105.001).

   

For divorce cases, Tex. Fam. Code § 6.501 allows the court to sign a temporary restraining order for the preservation of the property and for the protection of the parties as necessary, including an order prohibiting one or both parties from:

(1) intentionally communicating by telephone or in writing with the other party by use of vulgar, profane, obscene, or indecent language or in a coarse or offensive manner, with intent to annoy or alarm the other;

(2) threatening the other, by telephone or in writing, to take unlawful action against any person, intending by this action to annoy or alarm the other;

(3) placing a telephone call, anonymously, at an unreasonable hour, in an offensive and repetitious manner, or without a legitimate purpose of communication with the intent to annoy or alarm the other;

(4) intentionally, knowingly, or recklessly causing bodily injury to the other or to a child of either party;

(5) threatening the other or a child of either party with imminent bodily injury;

(6) intentionally, knowingly, or recklessly destroying, removing, concealing, encumbering, transferring, or otherwise harming or reducing the value of the property of the parties or either party with intent to obstruct the authority of the court to order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage;

(7) intentionally falsifying a writing or record relating to the property of either party;

(8) intentionally misrepresenting or refusing to disclose to the other party or to the court, on proper request, the existence, amount, or location of any property of the parties or either party;

(9) intentionally or knowingly damaging or destroying the tangible property of the parties or either party; or

(10) intentionally or knowingly tampering with the tangible property of the parties or either party and causing pecuniary loss or substantial inconvenience to the other.

Tex. Fam. Code § 6.501.

In cases involving children, a court can make additional orders for the safety and welfare of a child or children, including an order:

(1) for the temporary conservatorship of the child;

(2) for the temporary support of the child;

(3) restraining a party from disturbing the peace of the child or another party;

(4) prohibiting a person from removing the child beyond a geographical area identified by the court; or

(5) for payment of reasonable attorney's fees and expenses.

Tex. Fam. Code § 105.001.

Many Texas divorce courts now routinely issue temporary restraining orders as part of temporary orders when a divorce is filed. These "standing orders" are not requested by anyone but are imposed by the court to avoid problems before the first court hearing in the case.

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