Temporary Restraining Orders in a Texas Divorce
One of the first concerns many spouses have after a divorce is filed is whether the other party will begin moving money, selling property, changing insurance coverage, cancelling credit cards, or otherwise disrupting the financial status quo before the court has an opportunity to conduct a temporary orders hearing. Texas law provides a mechanism for addressing those concerns through a Temporary Restraining Order ("TRO").

In family law cases, Temporary Restraining Orders are generally authorized by Section 6.501 of the Texas Family Code, while the procedures governing the issuance of temporary restraining orders are also controlled by Rule 680 of the Texas Rules of Civil Procedure. Together, these provisions allow a court to enter limited emergency orders designed to preserve the parties' rights until a hearing can be conducted.

Contrary to what many people believe, a Temporary Restraining Order is not intended to determine who ultimately wins the divorce. Instead, its primary purpose is to maintain the status quo until the court can hear evidence and decide whether temporary orders should be entered after both parties have an opportunity to be heard.

For example, a Temporary Restraining Order may prohibit either spouse from transferring, concealing, destroying, or disposing of community property while the divorce is pending. If there is reason to believe that a spouse may move money between accounts, liquidate investments, remove cash from a safe, conceal precious metals, transfer cryptocurrency, remove jewelry or other valuables from the marital residence, or otherwise diminish the marital estate before the court can intervene, a Temporary Restraining Order may provide important protection. Likewise, the order may prohibit the destruction of financial records, the cancellation of insurance policies, or other conduct that could unfairly prejudice the other spouse before the court conducts a hearing.

Some Texas Counties Already Have Standing Orders
Not every divorce case requires a Temporary Restraining Order.

Many Texas counties have adopted Standing Orders that automatically become effective when a divorce or suit affecting the parent-child relationship is filed. These Standing Orders often prohibit many of the same actions that would otherwise be requested in a Temporary Restraining Order, including transferring property, cancelling insurance, disturbing the peace of the other party, or removing children from the court's jurisdiction without authorization.

Where Standing Orders are already in effect, filing a separate Temporary Restraining Order may be unnecessary because the county's Standing Orders already preserve the status quo from the beginning of the case. Whether a separate TRO is appropriate depends upon the county in which the case is filed and the particular facts presented.

A Temporary Restraining Order Does Not Remove Someone From the Home
One of the most common misconceptions is that a Temporary Restraining Order automatically forces a spouse to leave the marital residence.

As a general rule, it does not.

A Temporary Restraining Order entered under Section 6.501 of the Texas Family Code is intended to preserve existing conditions—not to determine possession of the residence or exclude a party from his or her home without notice and an opportunity to be heard. The fact that a TRO has been signed does not, by itself, authorize law enforcement to remove a spouse from the marital residence.

In contrast, a Protective Order issued under the Texas Family Code following findings of family violence may prohibit a respondent from returning to a residence or otherwise exclude that person from the home under circumstances authorized by statute. Although both types of orders may contain restrictions on conduct, they serve fundamentally different purposes and are governed by different legal standards.

A Temporary Restraining Order Is Temporary
By its very nature, a Temporary Restraining Order is intended to provide only short-term relief.

Under Rule 680 of the Texas Rules of Civil Procedure, a Temporary Restraining Order generally expires fourteen days after it is signed, unless it is extended by the court for good cause or replaced by temporary orders following a hearing. The law requires that a prompt hearing be held so that both parties have an opportunity to present evidence before longer-lasting temporary relief is imposed.

For that reason, a Temporary Restraining Order should not be viewed as a substitute for a Temporary Orders hearing. Rather, it serves as a short-term mechanism to preserve the parties' rights until the court can hear the evidence and determine what temporary arrangements should remain in place while the divorce is pending.

Exclusive Possession of a Child Requires Additional Proof
Although a Temporary Restraining Order may preserve the status quo concerning the children, obtaining exclusive possession of a child without prior notice to the other parent requires substantially more than simply alleging that a custody dispute exists.

Section 6.501 of the Texas Family Code requires that an applicant seeking this extraordinary relief support the request with a verified affidavit establishing facts demonstrating that the child faces an immediate danger of physical harm or imminent risk of removal from the jurisdiction, or other circumstances recognized by the statute. Because temporarily excluding a parent from possession of a child before a hearing is an extraordinary remedy, Texas courts require specific sworn facts rather than conclusory allegations.

In most cases, questions concerning conservatorship, possession, and parenting schedules are resolved at the Temporary Orders hearing, where both parents have the opportunity to present evidence and the court can determine what arrangement is in the child's best interests.