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Blank Texas Temporary Restraining Order PDF Form

A Texas Temporary Restraining Order (TRO) is a legal document designed to protect individuals and children from potential harm by prohibiting certain actions by a respondent. This order is typically issued in urgent situations where immediate action is necessary to prevent harm before a formal hearing can take place. Understanding how to properly fill out and file this form is crucial for those seeking protection under Texas law.

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Blank Texas Temporary Restraining Order PDF Form

Content Overview

In Texas, a Temporary Restraining Order (TRO) serves as a crucial legal tool for individuals seeking immediate protection, particularly in family law cases. This form is essential when a petitioner believes that a respondent may engage in harmful actions against them or their children before a court hearing can occur. The form requires specific information, including the cause number, court details, and the names of the children involved. It outlines the rights and responsibilities of both the petitioner and the respondent, detailing prohibited actions such as disturbing the peace, withdrawing children from school, or speaking negatively about the petitioner in the presence of the children. Additionally, the TRO mandates the respondent to appear in court, bringing essential financial documents to facilitate discussions on child support and custody arrangements. This order is effective immediately and remains in place until further notice from the court, ensuring that the safety and well-being of the children remain a priority during the legal process. Understanding the intricacies of this form can empower individuals to take the necessary steps to protect their families in urgent situations.

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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

➤ PDF File

Form Specifications

Fact Name	Details
Governing Law	The Texas Temporary Restraining Order is governed by the Texas Family Code, Chapter 151.
Purpose	This order aims to prevent a respondent from engaging in specific prohibited actions that could harm the children involved.
Immediate Effect	The temporary restraining order is effective immediately upon issuance and remains in effect until further order of the court.
Prohibited Actions	Respondents are restrained from disturbing the peace, withdrawing children from school, hiding children, and consuming alcohol or drugs within specified times.
Hearing Requirement	A hearing must be scheduled to determine if the temporary restraining order will be converted into a temporary injunction.
No Bond Requirement	No bond is required for the issuance of a temporary restraining order in Texas.
Service of Process	Any authorized person who is at least eighteen years old may serve the citation or notice in this case.
Documentation for Respondent	The respondent must bring specific financial documents to the hearing, including tax returns and pay stubs.

Texas Temporary Restraining Order: Usage Guidelines

After filling out the Texas Temporary Restraining Order form, you will need to submit it to the court. A hearing will be scheduled where both parties can present their cases. It is essential to prepare for this hearing by gathering the necessary documents and evidence to support your request.

At the top of the form, fill in the Cause Number and court information exactly as it appears on your Petition.
In the section labeled "In the interest of," list the names of the children involved in the case. Use the format provided:
- 1 Name:
- 2 Name:
- 3 Name:
Indicate the type of court by marking either District or County and fill in the name of the court.
Next, write the County name where the case is being filed.
In the line for Petitioner, print your first and last names.
In the line for Respondent, print the first and last names of the other party.
For each child, provide the following information:
- Child’s name
- Sex
- Date of Birth
- Place of Birth
- Current Address
Review the list of prohibited acts and ensure you understand them.
Fill in the date and time for the hearing, along with the street address of the courthouse.
Check the appropriate boxes regarding the conservatorship and visitation orders you are requesting.
In the section for Other Temporary Orders Requested, write any additional requests you may have.
Finally, sign and date the form at the bottom where indicated, ensuring to leave space for the judge's signature.

Your Questions, Answered

What is a Texas Temporary Restraining Order (TRO)?

A Texas Temporary Restraining Order is a legal document issued by a court to prevent a party from taking specific actions that could harm another party or children involved in a legal dispute. It is designed to maintain the status quo until a hearing can be held to determine whether a more permanent injunction is necessary.

Who can request a Temporary Restraining Order?

Any individual who believes they need protection from another party can request a Temporary Restraining Order. This is often used in cases involving family law, such as custody disputes or domestic violence situations. The person requesting the order is referred to as the Petitioner, while the person against whom the order is sought is known as the Respondent.

What information is required to complete the TRO form?

To complete the Texas Temporary Restraining Order form, you will need to provide specific details, including the cause number, court information, and the names and details of any children involved. Additionally, you must include the names of the Petitioner and Respondent and list the prohibited actions you wish to restrict.

What actions can be prohibited by a Temporary Restraining Order?

The TRO can prohibit the Respondent from engaging in various actions, such as disturbing the peace of the children, withdrawing them from school or daycare, hiding them from the Petitioner, or speaking negatively about the Petitioner in front of the children. It can also restrict alcohol and drug use before or during visitation periods.

How long does a Temporary Restraining Order last?

The Temporary Restraining Order is effective immediately upon issuance and remains in effect until the court issues a further order or until it expires by operation of law. Typically, a hearing is scheduled shortly after the TRO is issued to determine if it should be extended or modified.

What happens at the hearing following a Temporary Restraining Order?

During the hearing, the court will review the evidence presented by both parties. The purpose is to decide whether to convert the Temporary Restraining Order into a Temporary Injunction, which would provide ongoing protection. The court may also establish temporary orders regarding custody, child support, and visitation during this hearing.

Is there a fee to file for a Temporary Restraining Order?

Generally, there is no bond required for a Temporary Restraining Order in Texas. However, there may be filing fees associated with submitting the necessary paperwork to the court. It is advisable to check with the local court for specific fee information.

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 may serve the Temporary Restraining Order to the Respondent. This ensures that the Respondent receives actual notice of the order and the upcoming court hearing.

Common mistakes

Incorrect Cause Number or Court Information: Filling in the cause number and court details exactly as they appear on your petition is crucial. Mistakes here can lead to delays or even dismissal of your request.
Omitting Children's Names: It is essential to list all children involved in the case. Forgetting to include a child's name can complicate matters and affect the court's decisions regarding custody and care.
Failing to Print Names Clearly: The form requires the names of both the petitioner and the respondent to be printed clearly. Illegible handwriting can lead to misunderstandings and legal complications.
Not Specifying the Court Type: Be sure to indicate whether the case is in a district or county court. This detail helps direct your request to the appropriate legal authority.
Ignoring Required Documents: Respondents must bring specific documents to the hearing, including tax returns and pay stubs. Failing to prepare these can hinder the process and affect the outcome.
Missing Hearing Date and Time: Clearly stating the date and time of the hearing is vital. An incomplete or incorrect entry may result in the respondent missing the hearing.
Neglecting to Specify Temporary Orders: If you have specific requests for temporary orders, such as custody arrangements or visitation restrictions, be sure to include them. Omitting these can lead to a lack of clarity in the court's ruling.
Not Understanding Restraining Order Terms: It’s important to understand what actions the restraining order prohibits. Misunderstanding these terms can lead to unintentional violations.
Failing to Sign and Date the Form: Remember to sign and date the form. A missing signature can invalidate the entire request, causing unnecessary delays.

Documents used along the form

The Texas Temporary Restraining Order (TRO) form is often accompanied by several other important documents. Each of these documents plays a crucial role in the legal process surrounding family law cases, particularly those involving custody and visitation issues. Below is a list of commonly used forms and documents that may accompany the Texas TRO.

Petition for Temporary Restraining Order: This document initiates the request for a TRO. It outlines the reasons for the request and includes details about the parties involved, including the petitioner and respondent.
Affidavit: An affidavit is a sworn statement that provides factual information supporting the request for a TRO. It typically includes details about the circumstances necessitating the restraining order.
Notice of Hearing: This document informs the respondent of the scheduled hearing regarding the TRO. It includes the date, time, and location of the hearing, ensuring that the respondent has the opportunity to appear and present their case.
Order for Temporary Injunction: If the court decides to extend the TRO, this order converts it into a temporary injunction. It outlines the terms and conditions that both parties must adhere to until a final decision is made.
Child Support Worksheet: This worksheet is used to calculate the amount of child support that may be ordered. It takes into account both parents' income, expenses, and the needs of the children involved.
Visitation Schedule: A proposed visitation schedule outlines the times and conditions under which the non-custodial parent can visit the children. This document aims to ensure that the children's best interests are prioritized.
Financial Disclosure Statement: This statement requires both parties to disclose their financial information, including income, expenses, assets, and liabilities. It is essential for determining child support and other financial obligations.

Understanding these documents can facilitate a smoother legal process. Each form serves a specific purpose and helps ensure that all parties are informed and that the best interests of the children are prioritized throughout the proceedings.

Similar forms

The Texas Temporary Restraining Order (TRO) form shares similarities with several other legal documents. Each serves a specific purpose in family law and civil proceedings. Here are six documents that are comparable to the Texas TRO:

Permanent Restraining Order: This document is issued after a hearing, providing long-term protection from harassment or abuse. Unlike a TRO, which is temporary, a permanent restraining order can last for years.
Injunction: An injunction is a court order that requires a party to do or refrain from doing specific acts. While a TRO is typically issued quickly to prevent immediate harm, an injunction can be more comprehensive and may follow a more extensive legal process.
Child Custody Order: This document outlines the legal rights and responsibilities regarding the care and custody of children. It may be issued in conjunction with a TRO to establish temporary custody arrangements while a case is pending.
Emergency Protection Order: Similar to a TRO, this order provides immediate protection in situations of domestic violence. It is typically issued quickly and without notice to the abuser, aiming to ensure safety in urgent circumstances.
Motion for Temporary Orders: This motion requests the court to issue temporary orders regarding custody, support, or other matters during a divorce or custody case. It often accompanies a TRO to establish immediate guidelines until a final decision is made.
Notice of Hearing: This document informs parties involved in a case about an upcoming court hearing. It is essential for ensuring that all parties are aware of proceedings, similar to how the TRO mandates the respondent to appear in court.

Dos and Don'ts

When filling out the Texas Temporary Restraining Order form, there are several important dos and don’ts to keep in mind. Following these guidelines can help ensure that your application is complete and effective.

Do fill in the cause number and court information exactly as it appears on your petition.
Do clearly list the names of all children involved in the case.
Do print the names of both the petitioner and respondent clearly.
Do provide accurate details about the children’s current addresses and birth information.
Do ensure that the court’s findings are based on the evidence provided in your pleadings and affidavit.

Don’t leave any sections blank; incomplete forms may delay the process.
Don’t forget to include specific prohibited acts that you want the court to restrain the respondent from doing.
Don’t submit the form without reviewing it for accuracy; mistakes can lead to complications.
Don’t ignore the requirement for the respondent to bring specific documents to the hearing.

By adhering to these guidelines, you can better navigate the process of securing a Temporary Restraining Order in Texas.

Misconceptions

Misconceptions about the Texas Temporary Restraining Order (TRO) form can lead to confusion and uncertainty. Here are ten common misunderstandings:

All TROs are permanent. Many people believe that a TRO lasts indefinitely. In reality, a TRO is temporary and typically remains in effect until a hearing can be held.
Only the petitioner can request a TRO. Some think that only the person filing the case can ask for a TRO. However, both parties can present their case at the hearing.
A TRO guarantees custody of children. A TRO does not automatically grant custody. It is meant to prevent immediate harm and does not determine long-term custody arrangements.
TROs can only be issued for domestic violence cases. While many TROs are related to domestic violence, they can also be used in other situations involving child safety or harassment.
The respondent must be present for a TRO to be issued. It is a common belief that the respondent needs to be present for the court to grant a TRO. In fact, a TRO can be issued without the respondent being present if the court finds it necessary.
Filing a TRO is a complicated process. Many individuals feel overwhelmed by the process. However, the steps are straightforward, and legal assistance is available to guide individuals through it.
A TRO can be ignored if the respondent does not agree. Some may think that a TRO is optional. It is important to understand that violating a TRO can lead to serious legal consequences.
Once a TRO is issued, no further action is needed. This misconception can be misleading. After a TRO is granted, a hearing will typically be scheduled to determine if it should be extended or modified.
All TROs include the same restrictions. Each TRO is tailored to the specific circumstances of the case. Restrictions can vary significantly based on the situation.
Legal representation is not necessary for filing a TRO. While individuals can file a TRO without an attorney, having legal representation can provide valuable support and increase the chances of a favorable outcome.

Understanding these misconceptions can empower individuals to navigate the process more effectively. It is essential to seek accurate information and support when dealing with legal matters related to Temporary Restraining Orders.

Key takeaways

Filling out and using the Texas Temporary Restraining Order (TRO) form can be a crucial step in protecting your rights and those of your children. Here are some key takeaways to keep in mind:

Accurate Information is Essential: Always fill in the cause number and court information exactly as it appears on your petition.
Identify the Children: Clearly list the names of all children involved in the case.
Petitioner and Respondent Details: Print the full names of both the petitioner and the respondent in the designated spaces.
Prohibited Actions: Understand the specific actions that the respondent is prohibited from taking, such as disturbing the peace or withdrawing the children from school.
Immediate Effect: The restraining order takes effect immediately and remains in place until further notice from the court.
No Bond Required: There is no requirement for a bond when obtaining a temporary restraining order.
Documentation for Respondent: The respondent must bring specific documents to the hearing, including tax returns and pay stubs.
Hearing Details: Clearly state the date, time, and location of the hearing for the respondent to appear.
Temporary Orders: Be prepared to discuss various temporary orders, including custody and child support arrangements, during the hearing.
Service of Notice: Any authorized person over eighteen can serve the notice to the respondent, ensuring they are informed of the proceedings.

By keeping these points in mind, individuals can navigate the process of obtaining a Temporary Restraining Order more effectively. Understanding the form and its implications is vital for ensuring the safety and well-being of all parties involved.