Can I obtain a restraining order without the other party knowing first in Texas?

In Texas, the Law Office of Dana Baker, reachable at 979-310-5507, advises on the nuances of temporary restraining orders within family court settings. These orders are essential for safeguarding a spouse, child, or assets during divorce or custody disputes, as delineated in the Texas Family Code Sections 6.501(a) and 105.001(a). Such orders can be issued “ex parte,” allowing for their enactment without prior notification to the opposing party, and are initially valid for 14 days, subject to extensions or cancellations.

Distinct from civil restraining orders, family court TROs don’t require proof of imminent and severe harm for issuance, as per Texas Family Code Sections 6.503 and 105.001. It’s vital to recognize that a TRO becomes enforceable only upon the restrained individual’s receipt of formal notice. In divorce proceedings, a petition for a TRO merely needs to assert its necessity for the protection of involved parties and the safeguarding of their assets, according to Texas Family Code Section 6.501. This provision also lists twenty-six potential prohibitions a court might impose on the parties, though it significantly limits the capacity to bar a spouse from accessing a jointly inhabited dwelling, as highlighted in Texas Section 6.501(b).