Get Texas Temporary Restraining Order Form

When filling out the Texas Temporary Restraining Order form, keep the following guidelines in mind:

• Do fill in the cause number and court information exactly as it appears on your petition.
• Do print the full names of both the petitioner and the respondent clearly.
• Do list all children involved, including their names, sex, date of birth, and current address.
• Do ensure that all information is accurate and complete before submission.
• Don't leave any required fields blank; incomplete forms may be rejected.
• Don't use abbreviations or shorthand; clarity is essential.
• Don't forget to sign and date the form where indicated.
• Don't submit the form without reviewing it for errors or omissions.

1. What is a Temporary Restraining Order (TRO) in Texas?

   A Temporary Restraining Order (TRO) is a legal order issued by a court to protect individuals from harm or harassment. In Texas, it is often used in family law cases to prevent one parent from taking certain actions that could negatively impact the children involved. The order is effective immediately and remains in place until a hearing can be held to determine if it should be extended.

2. How do I fill out the Texas Temporary Restraining Order form?

   When filling out the form, be sure to include the cause number and court information exactly as it appears on your Petition. List the names of the children involved in the case. You will also need to provide the names of both the Petitioner and the Respondent. Additionally, fill in the court's name, county, and the address where the hearing will take place.

3. What actions does a TRO prohibit?

   The TRO prohibits the Respondent from taking specific actions, including:

   • Disturbing the peace of the children or any other party.
   • Withdrawing the children from their school or daycare.
   • Hiding the children from the Petitioner.
   • Speaking negatively about the Petitioner or their family in front of the children.
   • Consuming alcohol or controlled substances within 12 hours before or during visitation with the children.
   • Altering health insurance coverage for the children.

4. What should the Respondent bring to the hearing?

   The Respondent is required to bring several documents to the hearing, including:

   • Tax returns for the past two years.
   • A written description of monthly income and expenses.
   • Pay stubs for the past three months.

5. How long does a TRO last?

   A Temporary Restraining Order remains in effect until the court issues a further order or until it expires by operation of law. Typically, a hearing is scheduled soon after the TRO is issued to determine whether it should be converted into a temporary injunction.

6. Who can serve the TRO to the Respondent?

   Any authorized person who is at least 18 years old and not involved in the case can serve the TRO to the Respondent. This ensures that the Respondent receives proper notice of the order and the upcoming hearing.

7. What happens at the hearing following the TRO?

   During the hearing, the court will review the evidence and arguments from both parties. The judge will decide whether to extend the TRO into a temporary injunction and may issue temporary orders regarding custody, child support, and visitation. The focus will be on the best interests of the children involved.

How to Use Texas Temporary Restraining Order

Filling out the Texas Temporary Restraining Order form requires careful attention to detail. Once completed, this form will be submitted to the court, and a hearing will be scheduled to address the concerns raised. Below are the steps to guide you through the process of filling out the form accurately.

1. At the top of the form, fill in the Cause Number and the court information exactly as it appears on your Petition.
2. In the section labeled "In the interest of," list the names of the children involved in the case. Include each child’s name on a separate line.
3. Specify the court type by checking either District or County Court.
4. Fill in the name of the county where the court is located.
5. In the section for "Petitioner," print your first and last name clearly.
6. In the "Respondent" section, print the first and last name of the person you are seeking the restraining order against.
7. List the children’s details, including their names, sex, date of birth, place of birth, and current address in the designated space provided.
8. Review the prohibited acts that the Respondent should not commit. Ensure they are clearly stated in the order.
9. Fill in the necessary details for the hearing, including the date and time, and the street address of the courthouse where the hearing will take place.
10. Indicate any temporary orders you are requesting, such as custody arrangements or child support, and check the appropriate boxes for each option.
11. Finally, sign and date the form where indicated, ensuring all sections are completed to avoid delays.

Filling out the Texas Temporary Restraining Order form can be a daunting task, and many people make mistakes that can hinder their case. One common error is failing to accurately complete the cause number and court information. This information must match exactly what is written on your petition. If there are discrepancies, it could lead to delays or even dismissal of the order.

Another frequent mistake is neglecting to provide complete details about the children involved. It is essential to list each child's name, sex, date of birth, place of birth, and current address. Omitting any of this information can create confusion and may impact the court’s understanding of the situation. Ensure that all details are current and correct to avoid complications.

People often forget to print the names of the petitioner and respondent clearly. The form requires the names to be legibly printed. If the names are not clear, it could lead to issues in identifying the parties involved. This mistake may seem minor, but it can have significant implications during legal proceedings.

Additionally, when detailing the prohibited acts, individuals sometimes fail to be specific or comprehensive. The order should clearly outline what the respondent is restrained from doing, such as disturbing the peace or withdrawing children from school. Vague language can lead to misunderstandings and might weaken the effectiveness of the order.

Lastly, individuals may overlook the requirement for the respondent to bring specific documents to the hearing. This includes tax returns, a description of monthly income and expenses, and recent pay stubs. If the respondent does not bring these documents, it could negatively affect the outcome of the hearing. Being thorough and prepared is crucial to ensure that the court has all the necessary information to make informed decisions.