How do I get a restraining order in Dallas during my divorce?

When you file for divorce, you automatically receive a temporary restraining order in Dallas.

You have probably heard of a temporary restraining order (TRO).  Whether on a TV show, movie or the news most people assume that Temporary Restraining Orders are used to keep stalkers away from you, or an abusive family member from harassing you and your family.  However, this is not always the case or the primary motivation behind obtaining a TRO. When you file for divorce, you automatically receive a temporary restraining order in Dallas.

Reasons for a Temporary Restraining Order during a Divorce

Temporary restraining orders are used in a suit for the following reasons.

• To prevent the parties from making disparaging remarks about one another
• Disturbing the peace of a child (here are some tips on how to talk to your child about the divorce)
• Directing harassing or vulgar communications toward the other party
• Destroying or damaging property subject to the suit

In other words, a TRO’s purpose is to keep the parties amicable during the divorce process and keep them from harming the property owned by them and the value of their overall estate.

How the Temporary Restraining Order for Divorce Cases Works

A TRO is valid for 14 days following its filing, or until the date of the hearing on the TRO occurs, whichever comes first.  If a hearing cannot be scheduled within the first two weeks, the TRO can be extended for another 14 days.  The extension without hearing can only occur once.  More often than not, however, the court will provide a hearing date on the motion for TRO within 14 days of filing.

With cases filed in Dallas County that are subject to the District Courts Standing Order, the TRO-like restrictions will remain in full effect until ordered differently by the court. That means that you do not need to have a hearing to retain the necessary restrictions laid out in a TRO for an extended period.

Get Help if You’re Filing for Divorce or Served Divorce Papers

If you find yourself facing the prospect of a divorce, do not do it alone.  Give yourself the best opportunity to protect your assets and your role in your children’s lives. Make sure to speak to a family law attorney with experience handling divorce cases. You can contact The Texas Divorce Lawyer at 214-265-7630 or fill out our contact form to set up a consultation to discuss your case.