Texas Temporary Restraining Order PDF Template

A Texas Temporary Restraining Order (TRO) is a legal document that provides immediate protection for individuals, particularly in family law cases involving children. This order prevents a respondent from engaging in specific actions that could harm the petitioner or the children involved until a court hearing can be held. For those needing to fill out this form, please click the button below.

Article Guide

When navigating family law in Texas, understanding the Temporary Restraining Order (TRO) form is crucial for those seeking immediate protection for themselves and their children. This form serves as a legal tool to prevent a respondent from engaging in specific harmful behaviors while a court case is pending. It begins by requiring essential information such as the cause number and details about the court, along with the names of the involved children. The petitioner, the person requesting the order, must clearly state their name and the name of the respondent. Importantly, the court assesses the situation based on the petitioner’s pleadings and affidavit, determining if immediate action is necessary to protect the children from potential harm. The order explicitly lists the prohibited actions, which may include disturbing the peace of the children, withdrawing them from school, or consuming alcohol or drugs during visitation. This TRO is effective immediately and remains in place until the court issues further orders or the law dictates its expiration. Additionally, the form outlines the requirements for the respondent to appear in court, bringing necessary financial documents for review. Ultimately, the goal of this order is to safeguard the well-being of the children involved while establishing a framework for future hearings regarding custody and support arrangements.

Texas Temporary Restraining Order Preview

Texas Family Code, Chapter 151 Page 1 of

[Fill in Cause number and court information exactly as it is written on your Petition.]

Cause No:

In the interest of (List children):

1 Name:

2 Name:

3 Name:

4 Name:

In the __________  District  County Court of:

County, Texas

TEMPORARY RESTRAINING ORDER

AND ORDER TO APPEAR FOR TEMPORARY ORDERS HEARING

Today, Petitioner, _____________________________, requested temporary restraining orders.

[PRINT Petitioner’s first and last names.]

Respondent is _______________________________________________________________.

[PRINT Respondent’s first and last names.]

The following children are the subject of this suit.

Child’s name

Sex Date of Birth Place of Birth Current Address

The Court read Petitioner’s pleadings and affidavit and finds Petitioner is entitled to a temporary

restraining order. The Court finds Respondent will commit the prohibited acts listed below

before notice of the hearing on temporary injunction can be served and a hearing can be held,

unless Respondent is immediately restrained.

IT IS THEREFORE ORDERED that the clerk of this Court issue a temporary restraining order

restraining Respondent, and that in it Respondent shall not:

Disturb the peace of the children or another party.

Withdraw the children from the school or day-care where they are enrolled.

Hide the children from Petitioner.

Texas Family Code, Chapter 151 Page 2 of 3

Talk badly about Petitioner or Petitioner’s family to, or around, the children.

Drink alcohol or consume controlled substances within 12 hours before or during a

period of possession or access to the children.

Cancel, change, fail to pay premiums, or disturb the present level of health insurance

coverage for the children.

This restraining order is effective immediately and shall continue until further order of this Court

or until it expires by operation of law. This order binds Respondent, Respondent’s agents,

servants, and employees; and those in active concert or participation with them who receive

actual notice of this order by personal service or otherwise. No bond is required.

IT IS FURTHER ORDERED that the clerk shall issue notice to Respondent,

__________________________________________, to appear, and Respondent is ORDERED

[PRINT Respondent’s first and last names.]

to appear in person, and to bring the following:

● tax returns for the past two years,

● a written description of his or her monthly income and expenses, and

● pay stubs for the past three months.

Respondent IS ORDERED to appear with those documents before the Court in the courthouse

________________________________________________________________________.

[PRINT the street address of the courthouse or place for hearing.]

on _____________________________________________ at _______________ __. M.

[PRINT hearing date.] [PRINT time.]

The purpose of the hearing is to decide if the temporary restraining order should be made a

temporary injunction while this case is pending, and to make temporary orders in the

best interest of the children including but not limited to the following:

Temporary Conservatorship (custody) orders naming Petitioner:

Joint Managing Conservator, with the exclusive right to establish the children’s

primary residence, (Home-Parent),

Joint Managing Conservator, noncustodial parent, (Co-Parent),

Sole Managing Conservator, (Home-Parent),

Possessory Conservator, (Co-Parent),

Texas Family Code, Chapter 151 Page 3 of 3

and naming Respondent: [CHECK only one.]

Joint Managing Conservator, with the exclusive right to establish the

children’s primary residence, (Home-Parent).

 Joint Managing Conservator, noncustodial parent, (Co-Parent).

Sole Managing Conservator, (Home-Parent).

Possessory Conservator (Co-Parent).

Child Support Orders ordering Respondent to:

pay statutory child support, health insurance premiums for the children, and half of the

children’s uninsured medical expenses, private school tuition, or day-care expenses

during this case.

Residency Restrictions, limiting the children’s residence to the following geographic

area: __________________________________________________________________

Travel Restrictions, limiting Respondent from taking the children outside a

geographical area defined by the Court, acting directly or with others.

Standard Visitation Orders.

Limited Visitation Orders, denying Respondent’s access to the children, or limiting it

to only supervised contact with the children.

Other Temporary Orders Requested

_____________________________________________________________________

IT IS FURTHER ORDERED that any authorized person eighteen years of age or older who is

not a party to or interested in the outcome of this suit may serve any citation, notice, or process

in this case.

SIGNED on _________________________________ at ____________________ __. M.

___________________________________

JUDGE PRESIDING

↓ Texas Temporary Restraining Order

File Properties

Fact Name	Description
Governing Law	The Texas Temporary Restraining Order is governed by the Texas Family Code, Chapter 151.
Purpose	This order aims to protect children and prevent harmful actions by the Respondent before a hearing can occur.
Immediate Effect	The restraining order takes effect immediately upon issuance, providing instant protection.
Prohibited Actions	Respondent is restricted from disturbing the peace, withdrawing children from school, or hiding them from Petitioner.
Documentation Requirement	Respondent must bring specific documents to the hearing, including tax returns and a description of income and expenses.
Hearing Details	The order includes information about the hearing date, time, and location where Respondent must appear.
Binding Nature	The order binds not only the Respondent but also their agents and anyone involved who receives notice.
No Bond Required	There is no requirement for a bond to be posted for the temporary restraining order.
Temporary Orders	The hearing may result in temporary conservatorship, child support orders, and visitation restrictions.

Instructions on Utilizing Texas Temporary Restraining Order

After completing the Texas Temporary Restraining Order form, you will need to file it with the appropriate court. This process ensures that your request is officially recognized and that the necessary legal actions can be taken. Follow these steps to fill out the form correctly.

At the top of the form, enter the Cause Number and court information exactly as it appears on your Petition.
In the section titled "In the interest of," list the names of the children involved in the case. Include each child's name in the format provided.
Indicate the court type by checking either the District or County Court box, followed by the name of the county.
Print the Petitioner’s first and last names in the designated area.
Print the Respondent’s first and last names in the space provided.
Fill in the details for each child, including their sex, date of birth, place of birth, and current address.
Review the list of prohibited acts and ensure they are clearly stated in the form.
Specify the court address where the hearing will take place, including the street address.
Print the hearing date and time in the designated areas.
Check the appropriate boxes for conservatorship and visitation orders, as applicable to your situation.
Detail any other temporary orders you are requesting in the space provided.
Finally, sign and date the form at the bottom, where indicated for the Judge Presiding.

Important Facts about Texas Temporary Restraining Order

What is a Texas Temporary Restraining Order (TRO)?

A Texas Temporary Restraining Order is a legal order issued by a court to protect individuals, particularly children, from potential harm or disturbance. It restricts the actions of the respondent until a hearing can be held to determine if a longer-term injunction is necessary.

Who can file for a Temporary Restraining Order?

Any individual, typically a parent or guardian, can file for a TRO if they believe that the other party poses a risk to them or their children. The petitioner must provide sufficient evidence to the court to justify the need for immediate protection.

What information is needed to complete the TRO form?

The TRO form requires specific details such as the cause number, court information, names of the children involved, and the names of both the petitioner and respondent. Additionally, it may ask for the children's birth dates and current addresses.

What actions does a Temporary Restraining Order prohibit?

The TRO prohibits the respondent from disturbing the peace of the children, withdrawing them from school or daycare, hiding them from the petitioner, speaking negatively about the petitioner around the children, consuming alcohol or drugs during visitation, and altering health insurance coverage for the children.

How long does a Temporary Restraining Order last?

The TRO is effective immediately and remains in place until the court issues a further order or until it expires by law. This ensures that protection is maintained during the period leading up to the hearing.

What happens at the hearing following a Temporary Restraining Order?

During the hearing, the court will decide whether to convert the TRO into a temporary injunction. The judge will consider evidence presented by both parties and determine the best interests of the children, which may include custody arrangements and visitation rights.

What documents must the respondent bring to the hearing?

The respondent is required to bring tax returns for the past two years, a written description of their monthly income and expenses, and pay stubs for the last three months. This information helps the court assess financial responsibilities related to the children.

Is a bond required to obtain a Temporary Restraining Order?

No bond is required for a Temporary Restraining Order in Texas. This means that the petitioner does not have to provide financial security to obtain the order, making it more accessible for those in need of immediate protection.

Who can serve the Temporary Restraining Order to the respondent?

Any authorized person who is at least eighteen years old and not involved in the case can serve the TRO. This ensures that the respondent receives proper notice of the order and the upcoming hearing.

Common mistakes

Filling out the Texas Temporary Restraining Order form requires careful attention to detail. One common mistake is failing to accurately fill in the cause number and court information. This information must match exactly as it appears on the petition. Inaccuracies can lead to delays or even dismissals of the order.

Another frequent error is neglecting to list all relevant children involved in the case. It is essential to include each child's name, sex, date of birth, and current address. Omitting a child could undermine the effectiveness of the restraining order and complicate future proceedings.

Many individuals also overlook the importance of clearly identifying both the petitioner and the respondent. The names must be printed in full, as they appear on official documents. Misidentifying either party can create confusion and hinder the legal process.

In addition, people often fail to specify the prohibited acts clearly. The form includes a list of behaviors that the respondent must avoid. It is crucial to ensure that these are explicitly stated to provide clear guidelines for compliance. Vague language can lead to misunderstandings and potential violations.

Lastly, individuals may forget to provide the necessary details about the hearing. This includes the courthouse address, date, and time. Missing this information can result in the respondent not appearing, which could adversely affect the outcome of the case. Ensuring all sections are completed thoroughly can help prevent these common pitfalls.

Documents used along the form

When filing for a Texas Temporary Restraining Order (TRO), several additional forms and documents are commonly used to support the process. Each of these documents plays a critical role in ensuring that the legal proceedings are conducted smoothly and that the best interests of any involved children are prioritized. Here is a list of these essential forms:

Petition for Temporary Restraining Order: This document initiates the request for a TRO. It outlines the reasons for the request, the parties involved, and the specific actions the petitioner wishes to prevent.
Affidavit: An affidavit is a sworn statement made by the petitioner, providing factual information to support the claims made in the petition. This document must be signed in front of a notary public.
Notice of Hearing: This form informs the respondent of the scheduled hearing date and time. It ensures that the respondent has the opportunity to appear in court and present their side of the case.
Order for Temporary Injunction: If the court finds sufficient grounds, this order may follow the TRO. It provides more extended protections and may include specific terms regarding custody, visitation, and support.
Child Support Worksheet: This document calculates the amount of child support owed based on the Texas guidelines. It considers the incomes of both parents and any additional expenses related to the children.
Service of Process Affidavit: This affidavit confirms that the respondent was properly served with the TRO and any related documents. It is crucial for ensuring that the court's orders are enforceable.
Final Orders: After the hearing, the court may issue final orders regarding custody, support, and visitation. These orders are essential for establishing long-term arrangements for the children involved.

Understanding these documents can help streamline the legal process and ensure that all necessary information is presented to the court. Each form has a specific purpose and contributes to the overall goal of protecting the well-being of children while addressing the concerns of both parties involved.

Similar forms

The Texas Temporary Restraining Order (TRO) form shares similarities with several other legal documents designed to provide immediate relief or protection in various situations. Here are four documents that are comparable:

Protective Order: Like a TRO, a protective order aims to prevent further harm or harassment by restricting the actions of the respondent. Both documents can be issued quickly to address urgent safety concerns, often without the respondent's prior knowledge.
Preliminary Injunction: A preliminary injunction is similar in that it seeks to maintain the status quo until a final decision is made. Both the TRO and preliminary injunction require a hearing, but a TRO is typically granted without notice, while a preliminary injunction involves notifying the other party.
Child Custody Order: A child custody order establishes the legal and physical custody arrangements for children. Like a TRO, it addresses immediate concerns regarding the welfare of children, ensuring their safety and stability during legal proceedings.
Eviction Notice: An eviction notice serves to inform a tenant of the need to vacate a property. Similar to a TRO, it provides immediate action to prevent further issues, such as property damage or illegal occupancy, ensuring that the landlord can regain control of their property.

Dos and Don'ts

When filling out the Texas Temporary Restraining Order form, it is important to follow certain guidelines to ensure accuracy and compliance. Below is a list of things you should and shouldn't do.

Do fill in the cause number and court information exactly as it appears on your petition.
Do clearly print the full names of both the Petitioner and Respondent.
Do provide complete and accurate information about the children involved.
Do read the form thoroughly before submission to ensure all sections are completed.
Do keep a copy of the completed form for your records.
Don't leave any sections blank; fill out all required fields.
Don't use abbreviations or nicknames for names; always use full legal names.
Don't forget to check the appropriate boxes regarding the type of court.
Don't alter any language or terms on the form; use the wording provided.
Don't submit the form without reviewing it for errors or omissions.

Misconceptions

Here are ten common misconceptions about the Texas Temporary Restraining Order (TRO) form:

A TRO is the same as a final order. A Temporary Restraining Order is just that—temporary. It is not a final decision and will need further hearings to establish long-term arrangements.
You can fill out the form without any legal guidance. While you can fill out the form on your own, having legal assistance can help ensure that all necessary information is accurately provided.
A TRO can be issued without any evidence. The court requires the petitioner to present evidence that supports the need for a restraining order. It is not granted automatically.
The TRO is only for domestic violence cases. While often used in domestic situations, a TRO can apply to various scenarios, including child custody disputes and harassment cases.
Once a TRO is issued, it cannot be changed. The terms of a TRO can be modified or lifted by the court during subsequent hearings.
Respondents are not allowed to defend themselves. Respondents have the right to appear in court and present their side of the story during the hearing.
A TRO guarantees custody of the children. A TRO does not automatically grant custody. It simply prevents certain actions until a hearing can take place.
Filing a TRO is a lengthy process. The process can be expedited, especially in urgent situations. Courts often prioritize these cases.
No one can serve the TRO. Any adult who is not involved in the case can serve the TRO, making it easier to ensure it is delivered promptly.
You do not need to show up for the hearing. It is crucial for both parties to attend the hearing to ensure their rights and concerns are heard.

Key takeaways

When filling out and using the Texas Temporary Restraining Order form, consider the following key takeaways:

Accurate Information: Ensure that you fill in the cause number and court information exactly as it appears on your petition.
List of Children: Clearly list the names of all children involved in the case.
Petitioner and Respondent: Print the full names of both the petitioner and the respondent accurately.
Prohibited Acts: Understand the specific actions that the restraining order will prohibit the respondent from taking.
Immediate Effect: The restraining order takes effect immediately and continues until further notice from the court.
No Bond Required: No bond is necessary for the issuance of the temporary restraining order.
Respondent's Appearance: The respondent must appear in person at the designated courthouse and bring specified financial documents.
Hearing Purpose: The hearing aims to determine if the temporary restraining order will become a temporary injunction.
Authorized Service: Any person over eighteen who is not a party to the case can serve any citation or notice.