TRO and Protective Orders
What is a Temporary Restraining Order and How is it Different from a Protective Order (Divorce)?When getting a divorce in Texas, sometimes you might find it necessary to get a Temporary Restraining Order against the other Party.
A Temporary Restraining Order is a Court Order that lasts until there is a hearing before The Court or for a maximum of 14 days. If the Judge grants your request for a Temporary Restraining Order, it will prevent the other party from doing certain things set forth in it until a hearing with the Court or 14 days, whichever comes first.
A Temporary Restraining Order can protect you, your children, and/or your property. In certain circumstances, a Temporary Restraining Order can require that a parent stay away from the child until a hearing before the Court.
A Protective Order differs from a Temporary Restraining Order in that it is only considered when there is alleged violence, stalking, or sexual abuse. Protective Orders can order the other party to stay away from you, not communicate with you, and prevents them from carrying a weapon. In order to get a Protective Order, you must show the history of the act and show that it is likely to continue. Your burden of proof is important when requesting a Protective Order.
Have questions about a Temporary Restraining Order or a Protective Order? Guest & Gray has experienced Family Law Attorneys ready to help you!
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