Injunctions & Temporary Orders
Dallas Fort Worth Divorce Attorney David Kohm Handles Injunction Orders For You
If you’ve filed for divorce in Texas you may need your Dallas divorce attorney to also file a request with the court for a temporary injunction. Similar to a temporary restraining order (TRO), temporary injunctions are used for the purpose of protecting property, protecting you if there was domestic violence, or the protection of a child who is the subject of the case.
A temporary injunction unlike a TRO cannot be granted “ex parte”. Meaning, notice is required to the party that was served and a hearing is to be held before a Judge. Because notice and a hearing are required, the relief available through temporary injunction can be much broader than that of the TRO.
Should it be necessary to have the court grant a TRO, there will be a hearing on the temporary injunction which shall be held within 14 days, after the TRO is signed by the Court. If the application only requests the court to enter a temporary injunction, the Court has the discretion to decide whether a hearing is necessary. The party that is served the injunction is entitled to a minimum of three days’ notice, unless for some reason it is shortened by the Court or waived.
An injunction last for a specified period of time or until the case is finally resolved. A TRO unlike a temporary injunction will expire in 14 days unless the Court orders an extension or if both parties agree. A lot of our clients confuse injunctions and TRO’s and always ask how long each lasts. Injunctions last until the date sited on the Order, if both parties agree to dissolve it, or by Court order, or until a final judgment is granted in your contested divorce or custody case.
One last thing you should know about injunctions, is that they are binding on other parties such as banks, investment firms, business partners, or other agents, servants, employees, or attorneys.
For more information in regards to injunctions, divorce, family law matters, or general questions please contact us today; call the Law Offices of David Kohm or you can complete our easy online request form. Initial consultations are free and we’ll be happy to meet with you at one our local offices.
While every effort has been made to ensure the accuracy of this information, it is not intended to provide legal advice as individual situations will differ and should be discussed with a qualified licensed attorney. For specific technical or legal advice on the information provided and related topics, please contact our law firm directly.