Temporary restraining orders are something nobody ever wants to have to use. However, there are circumstances when this court order is necessary to ensure your safety and that of your loved ones. In addition to this there are financial protections that a TRO will help prevent such as preventing a spouse from selling assets and emptying bank accounts. Known within the judicial system as a TRO, a judge signs one of these documents in order to require an individual to stop stalking or harming you, prevent them from taking a child out of state or moving their school and from financially harming you. A temporary protective order, order of protection, and injunction are all possible names and in order to get one you should work with an experienced Texas divorce attorney.
Contrary to what some people think, you don’t have to have a case related to domestic violence pending in order to get a TRO. You can qualify for a TRO in Texas if you are concerned that your spouse would do something to change your child’s home life or harm their education, if you are being stalked, receiving threats or a victim of domestic violence, and also if you are worried about your financial security. Texas offers legal protection for victims in these circumstances in the form of a TRO. A Texas divorce attorney can assist you in obtaining a TRO quickly and efficiently to prevent your spouse from hurting you or your loved ones.
What are Common Reasons People Receive a Temporary Restraining Order?
In the state of Texas there are a number of reasons people can receive a TRO during a divorce:
- History of domestic violence or fear of physical harm
- History of child abuse
- You are being stalked or harassed by your spouse
- You fear that your spouse will take your child out of state
- You are concerned that your spouse will change your child’s school
- You are concerned that your spouse may try to financially harm you by emptying your joint bank accounts
- You want to protect your financial assets so that your spouse can not sell them
- You are concerned that your spouse may try to damage a family owned business
How You Can Benefit From a TRO?
A temporary restraining order can help guarantee distance between you and the person(s) who is harassing, stalking, threatening, or abusing you in a physical or emotional way and it prevents them from being able to financially harm you. Once a judge confirms the order by signature, you and the perpetrator or notified of its validity. From this point on, it’s illegal for the abuser to even contact you and your family or damage financial assets.
The reach of a TRO also extends to the actual places you or your child frequent, including your car, workplace, house, or daycare facility. If the person being blocked by the court order violates the rules, you can contact the court or police to step in.
Which Individuals Can Have a TRO Placed Against Them?
Normally, you’re able to seek a restraining order related to domestic violence against a former or current spouse, civil union or domestic partner, girlfriend, boyfriend or any of your relatives. You might have to apply for a similar “civil harassment” court order if the person bothering you doesn’t fit into the aforementioned categories. An experienced Texas divorce or family law attorney will be able to help you apply for the TRO and they will help eliminate any confusion with this complex legal process.
However, both can have a TRO placed against them when finances are involved. Both parties may have concerns that their spouse may want to drain bank accounts or sell off assets.They will have to make a case to the court and an experienced Texas divorce attorney will have the legal expertise and knowledge to make a compelling argument.
How Do You File a Restraining Order?
Petitions for a TRO have to be filed in the individual’s county court. Fortunately, most districts offer detailed information regarding TROs. It’s a good idea to begin your research with a knowledgeable Texas divorce attorney. Your attorney will be able to generate the necessary legal paperwork to provide the court so that they have the necessary evidence to permit the TRO. Understanding the legal process is key so that you avoid any mistakes that may prevent the TRO from being given.
Divorcees Looking for a Restraining Order
Unfortunately, not every divorce ends on an amicable note. A decent portion of the TROs filed are by divorcees attempting to keep their ex from bothering them constantly, protect them financially or to make sure that their child’s life remains as stable as possible. The emotion, finances, and stress involved in a bitter divorce can have a lasting impact, but you don’t have to accept harassment, abuse, financial ruin or erratic parental decisions. This is a specific situation where a TRO can help you stay safe, protect your family, and bring a sense of calmness back to your life.
Contact a Texas divorce attorney to answer any questions you may have about the TRO process. Many individuals that are being tormented by their significant other fail to act to protect themselves or their loved ones. They tend to make excuses on why they shouldn’t get a TRO and the longer they wait the higher the risk is that something severe may occur that destroys lives. We encourage you to contact our offices today and we will provide you a free consultation.
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