Get a Temporary Restraining Order in Texas Fast
Many types of family law cases in Texas will require temporary restraining orders: a temporary order that prevents the respondent, or the party against whom the order is filed, from taking specific actions for the duration of the order. Temporary restraining orders can be very helpful when you're dealing with potentially dangerous or damaging circumstances and do not have time to wait for the full court hearing.
Do you need to file for a temporary restraining order in Texas? DoNotPay can make it easier.
What Is a Temporary Restraining Order and How Does It Work?
A temporary restraining order is a short-term, emergency court order issued when you feel that you may be in danger prior to a formal hearing, including a hearing for a full-term restraining order. Most states, including Texas, California, and Florida, offer restraining orders and temporary restraining orders as a vital part of their processes for domestic violence, stalking, and harassment.
What Does a Temporary Restraining Order Do in Texas?
A temporary restraining order is an emergency court order that effectively orders the other party not to take some particular type of action before the date of a hearing. It can help you avoid particular actions, including keeping the other party out of your house or away from you until a formal hearing. It may also include:
- Ordering a parent to stay away from a child until a formal court hearing
- Orders to help protect your property
- Orders intended to help protect your physical safety
Most of the time, temporary restraining orders in Texas are issued only in emergency situations. If you do not have a clear emergency, you may have to wait until a formal hearing.
Note that a temporary restraining order is different from a protective order. A protective order is intended to prevent all contact between the petitioner (the party filing the order) and the respondent (the party named in the order).
How Long Does a Temporary Restraining Order Last in Texas?
In Texas, you can expect a temporary restraining order to last up to 14 days, or until your formal hearing. After that time, you may need to have a formal order of protection or long-term restraining order assigned, or to have formal court orders issued regarding the specifics of your case.
When Can I File for a Temporary Restraining Order in Texas?
In Texas, you can file for a temporary restraining order only in an emergency situation, when you fear for your safety, the safety of your children, or the safety of your property. You can get a temporary restraining order in cases where:
- There is a clear and present danger of family violence, including violence to either you or your children
- You have immediate reason to fear that the other party may take a damaging action against you, your property, or your children
- You cannot wait for the formal hearing.
How Do I File for a Temporary Restraining Order in Texas?
In order to file for a temporary restraining order in Texas, you will need to:
- File a motion for a Temporary Restraining Order, Temporary Injunction, and Temporary Orders
- Explain why you deserve an immediate temporary restraining order and cannot wait for the full hearing
You may need to show clear evidence regarding your reason for filing for a temporary restraining order.
|Reason||File a Restraining Order for|
|Another party attempts to follow you or engages in regular, unwanted contact, including trying to get in contact with you after you have explained your lack of interest.||Stalking|
|Another party threatens you with violence or inflicts physical harm on you||Threats/ Physical Harm|
|Another party abuses someone over the age of 65, or under the age of 65 with qualified disabilities||Elder/At Risk Adult Abuse|
If you cannot provide that evidence, the judge may deny your order. The court should not charge for you to file a temporary restraining order.
What Happens If the Other Party Violates a Temporary Restraining Order?
The party that violates a temporary restraining order in Texas may be held in contempt of court. That may mean a variety of consequences, depending on the severity of the violation. Some consequences of violation include:
- Jail time
In addition, violation of a temporary restraining order may mean that the court looks less favorably on the other party's petition during the formal court proceedings. As a result, you may find it easier to get the results you need, including child custody or property distribution resolutions.
DoNotPay Can Help You Handle the Paperwork for a Temporary Restraining Order in Texas
When you need to fill out the paperwork for a temporary restraining order fast, you may not have the time to handle it on your own. You have a lot of other things to deal with, and you may simply want to ensure that you have all the information you need filled out as quickly as possible.
DoNotPay can make filing a Texas temporary restraining order easier.
- Search for relationship protection on DoNotPay.
- Answer a few easy questions on our File a Restraining Order product.
- Submit the form and you're done!
And that's it! DoNotPay will compile for you the forms you need to fill out and give you detailed instructions for how to file for a restraining order in your jurisdiction. Stay safe!
Let DoNotPay Help You With Your Texas Temporary Restraining Order Today
Dealing with the details of a temporary restraining order in Texas can feel incredibly frustrating, not to mention frightening. At DoNotPay, we can make it easier for you to fill out all the necessary paperwork and get it submitted fast.
Check out our tools today to learn how we can make it easier to file for a temporary restraining order in Texas.