What You Need to Know About Temporary Restraining Orders (TROs) in a Texas Divorce

A Temporary Restraining Order, or “TRO,” is often issued at the start of a divorce case in Texas. Even though the name may sound alarming, a divorce TRO is a routine court order designed to keep things from getting worse while the divorce is pending.

A divorce TRO is temporary and expires at the earlier of (1) the time the court signs subsequent temporary orders after a hearing, or (2) the fourteenth day after it is issued. In limited situations, a TRO may be extended if necessary and specifically approved by the court.

At Mims, Ballew & Hollingsworth, we go over TROs with clients at the beginning of the process so they understand what the order means, what it limits, and how to avoid violating it unintentionally.

What Does a Temporary Restraining Order Mean in a Texas Divorce?

A Temporary Restraining Order is a civil court order that both spouses must follow during the early stages of a divorce. Its purpose is to preserve the status quo and ensure fairness until the court can hold a hearing and issue temporary orders.

A divorce TRO:

• Is not a criminal charge
• Is not a protective order related to domestic violence
• Does not mean that either spouse has done something wrong

Instead, it establishes clear ground rules to prevent financial misconduct, conflict, or disruption involving children or marital property.

When Is a TRO Issued?

A TRO is typically requested and issued at the time a divorce is filed in Texas. Often, it is granted without a hearing and goes into effect as soon as the other spouse is served.

Because a TRO can take effect immediately, it is important to read it carefully as soon as you receive it. Even unintentional violations can have serious consequences.

What Does a Typical Texas Divorce TRO Restrict?

While the exact language varies by court, most Texas divorce TROs address the same core issues.

Limits on Money and Property

A TRO generally prevents either spouse from selling, hiding, or transferring marital property; draining bank accounts; making large or unusual purchases; changing beneficiaries; or incurring new debt. Normal living expenses are typically permitted, but significant financial decisions are not. These restrictions are intended to protect both parties.

Limits Involving Children

When children are involved, TROs are designed to maintain stability. Common provisions prohibit removing children from Texas without consent or court approval and interfering with school attendance, medical care, or established routines.

Rules for Behavior and Communication

Most TROs also include expectations regarding conduct. Harassment, threats, intimidation, abusive communications, monitoring or tracking the other spouse, and accessing accounts or personal information without permission are typically prohibited. Emotional reactions can still lead to legal consequences if they violate the order.

Insurance and Stability of the Marital Home

Courts frequently use TROs to prevent changes to insurance coverage or beneficiaries and to prohibit disconnecting utilities or services at the marital residence.

Extraordinary Relief in a Temporary Restraining Order

In some cases, a Temporary Restraining Order may include requests for extraordinary relief—orders that go beyond the standard restrictions commonly seen in divorce cases. This is a broad category and can include relief tailored to specific concerns, such as protecting unique assets, addressing urgent parenting issues, or preventing specific harmful conduct.

Because extraordinary relief depends heavily on the facts of each case, what is available and appropriate varies. Because extraordinary relief depends on the facts of each case, it is critical to speak with an experienced family law attorney at Mims, Ballew & Hollingsworth who can evaluate your situation and advise you on what relief may be possible, appropriate, and likely to be approved by the court.

What Happens If You Violate a TRO?

A Temporary Restraining Order is a court order and violating it can result in serious consequences. These may include being held in contempt of court, fines, adverse rulings regarding custody or property, or other sanctions.

If you are unsure whether a particular action might violate your TRO, it is critical to consult your attorney before taking action.

How Long Does a TRO Stay in Effect?

A divorce TRO is temporary and expires at the earlier of:

• The fourteenth day after the TRO is issued, or
• The court signing new temporary orders following a temporary orders hearing addressing custody, support, use of property, and financial responsibilities

In limited situations, the court may extend a TRO beyond fourteen days if the extension is necessary and specifically approved by the court.

Why Texas Courts Use Temporary Restraining Orders in Divorce Cases

TROs are not punishments. They are procedural safeguards designed to prevent escalation, protect assets, reduce conflict, and promote fairness while a divorce is pending.

Speak With a Fort Worth Divorce Lawyer

If you have received a Temporary Restraining Order or are considering filing for divorce, understanding your rights and responsibilities early can help you avoid costly mistakes. Our divorce attorneys in Fort Worth are here to guide you through the process and help you move forward with clarity and confidence.