Temporary restraining orders may be issued by the court in a divorce or in a suit affecting children. Temporary restraining orders may be issued if a party asks for one or if the court determines it is necessary. If a party violates the terms of a temporary restraining order, the violation is punishable by contempt, meaning that jail time is possible. Temporary restraining orders typically expire on the date of the temporary orders hearing (if within 14 days) unless they are extended.
A court may grant a temporary restraining order in a divorce suit for the purpose of preserving property and protecting the parties. Temporary restraining orders may include a number of restrictions but it may not prevent a spouse from occupying the residence where that spouse is living (unless there is a protective order in place), prevent spending on reasonable and necessary living expenses, or prevent a party from acting in a reasonable and necessary manner usual to the spouse’s business or occupation. Some Texas counties have standing orders that are automatically filed and apply in any divorce action.
In suits affecting children, temporary restraining orders are generally issued if a child will suffer immediate and irreparable injury, loss, or damage. Several restrictions may be included in a temporary restraining order in a child case, but some of the most controversial address withdrawing the child from enrollment in school or daycare, hiding children from the other party, making negative remarks about the other party to the child, consuming alcohol within 8 hours of possession of the child, and preventing girlfriends or boyfriends from staying at the house when the children are present between the hours of 10 p.m. and 8 a.m.
If you think you may need a temporary restraining order in your case, contact the Law Office of Robert Tsai, PLLC at 832-278-1995 so we can help you get the proper orders in place.