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Q. What is a restraining order?
A. A temporary restraining order (TRO) is a civil court order that preserves property and protects parties who already have a lawsuit filed, including lawsuits for divorce.
Q. What does a TRO do?
A. (1) Order the other lawsuit party not to harm your property; (2) Order the other lawsuit party not to harass, threaten or harm you or your children.
Q. What can a TRO not accomplish?
A. (1) Kick your spouse out of the home your spouse lives in; (2) Order the other lawsuit party not to spend money for reasonable or necessary living expenses; (3) Make orders that keep the other lawsuit party from doing his or her job; (4) Order temporary custody of a child.
Q. How do I apply for a TRO?
A. You can apply for a restraining order if you have filed a civil lawsuit, like divorce, custody or modification of custody. You apply by including a motion in your petition or by a separate motion filed with the court after the petition to start the lawsuit has been filed.
Q. Isn’t there an automatic TRO?
A. In Fannin County, by local rule, all family law cases like divorce, paternity, child custody or support have a TRO that goes into effect as soon as a case is filed. In these cases, all parties are ordered not to destroy marital property, disconnect utilities, or do things that might harass the other party or harm the children. If you want a TRO in a family law case, make sure you’re asking the court to order something that isn’t already ordered by the local rule called the General Order No. 2010-1 Regarding Family Law Cases.
Q. Are there different types of Restraining Orders?
A. Yes — there are three main types of Restraining Orders.
| Type | How long does it last? | Who issues it? | How is it enforced? | Notice to Opposing Party? |
| Temporary Restraining Order | Up to 14 days | District or County Court at Law Judge | Civil contempt lawsuit | Notice is not required but preferred |
| Temporary Injunction | Until the final order by court | District or County Court at Law Judge | Civil contempt lawsuit | Notice and Hearing Required |
| Permanent Injunction | Until further orders by court | District or County Court at Law Judge | Civil contempt lawsuit | Notice and Hearing Required |