Fill Your Texas Temporary Restraining Order Form Launch Texas Temporary Restraining Order Editor Now

Fill Your Texas Temporary Restraining Order Form

A Texas Temporary Restraining Order (TRO) is a legal document that provides immediate protection for individuals, often in family law cases. It restricts a respondent's actions to prevent potential harm or disruption, particularly concerning children involved in the case. Understanding how to properly fill out this form is crucial for ensuring that the necessary protections are put in place swiftly.

Fill out the form by clicking the button below.

Launch Texas Temporary Restraining Order Editor Now

Dos and Don'ts

When filling out the Texas Temporary Restraining Order form, it’s important to follow specific guidelines to ensure your application is effective and compliant. Here are four things you should and shouldn't do:

  • 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 the respondent legibly.
  • Do: Ensure that all required documents are prepared and brought to the hearing.
  • Don't: Leave any sections of the form blank; incomplete forms may delay your request.
  • Don't: Use informal language or abbreviations that could lead to confusion.
  • Don't: Forget to check the appropriate boxes regarding conservatorship and visitation orders.
  • Don't: Submit the form without reviewing it for accuracy and completeness.

Sample - Texas Temporary Restraining Order Form

[Fill in Cause number and court information exactly as it is written on your Petition.]

In the interest of (List children):

§

 

 

 

 

 

 

§

 

 

 

1

Name:

 

 

§ CAUSE NO:

 

 

 

 

 

2

Name:

 

§

 

 

 

 

 

 

 

3

Name:

 

 

 

 

 

 

 

§ In the __________ District County Court of:

 

 

4

Name:

 

§

 

 

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

1

2

3

4

5

6

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 Partnership for Legal Access – SAPCR TRO, Aug. 2009

 

Texas Family Code, Chapter 151

Page 1 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 at

________________________________________________________________________.

[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 Partnership for Legal Access – SAPCR TRO, Aug. 2009

 

Texas Family Code, Chapter 151

Page 2 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

© Texas Partnership for Legal Access – SAPCR TRO, Aug. 2009

 

Texas Family Code, Chapter 151

Page 3 of 3

More PDF Templates

Documents used along the form

When dealing with a Texas Temporary Restraining Order (TRO), several other forms and documents may be necessary to support your case. Each of these documents serves a specific purpose and can be crucial in ensuring the protection of your rights and the well-being of any children involved.

  • Petition for Temporary Restraining Order: This is the initial document filed with the court requesting a TRO. It outlines the reasons for the request and provides details about the parties involved.
  • Affidavit: A sworn statement that supports the petition. It includes facts and evidence demonstrating the need for a TRO, often detailing past incidents of harm or threats.
  • Notice of Hearing: This document informs the respondent of the date, time, and location of the hearing regarding the TRO. Proper notice is essential for due process.
  • Temporary Injunction: If the court grants the TRO, this document may follow, providing more permanent protections until the case is resolved.
  • Child Support Order: This order outlines the financial responsibilities of the parties regarding child support, including payments for health insurance and other related expenses.
  • Visitation Agreement: This document specifies the terms of visitation between the parties, ensuring that the children's access to each parent is clearly defined.
  • Conservatorship Order: This outlines the custody arrangement for the children, determining who has the right to make decisions regarding their care and upbringing.
  • Motion for Modification: If changes to the TRO or custody arrangements are needed, this document requests the court to modify existing orders based on new circumstances.
  • Service of Process: This document confirms that the respondent has been officially notified of the legal actions being taken against them, ensuring they are aware of the proceedings.
  • Final Order: Once the case is resolved, this document outlines the final decisions made by the court regarding custody, support, and any other relevant issues.

Understanding these documents can significantly impact the outcome of your case. Each plays a vital role in the legal process, ensuring that your rights and the best interests of the children are protected throughout the proceedings.

Common mistakes

When filling out the Texas Temporary Restraining Order form, individuals often make several common mistakes that can lead to delays or complications in their case. One frequent error is failing to accurately fill in the cause number and court information as it appears on the petition. This information is crucial for the court to properly identify the case and process the request.

Another mistake involves not listing all relevant children involved in the case. It is essential to provide the names, dates of birth, and current addresses of all children affected by the restraining order. Omitting a child’s name can result in legal complications and could hinder the enforcement of the order.

Many individuals also neglect to clearly print the names of both the petitioner and the respondent. This oversight can lead to confusion and may cause the court to question the validity of the order. Clear identification of all parties involved is vital to ensure that the order is enforceable.

Additionally, some people forget to specify the prohibited acts the respondent is restrained from committing. Clearly outlining these acts helps the court understand the situation and the urgency of the request. Without this clarity, the restraining order may not adequately protect the petitioner and the children.

Another common error is not including the correct address of the courthouse where the hearing will take place. This information is necessary for the respondent to appear at the scheduled hearing. Providing an incorrect address could result in missed court dates and further legal complications.

Moreover, individuals often fail to bring the required documents to the hearing. The order specifies that the respondent must present tax returns, a description of income and expenses, and recent pay stubs. Not having these documents can impede the court's ability to make informed decisions regarding temporary orders.

Lastly, many individuals overlook the importance of signing and dating the form correctly. A missing signature or date can render the order invalid, causing unnecessary delays. Ensuring that all sections of the form are completed accurately and thoroughly is essential for the protection of all parties involved.

Misconceptions

Understanding the Texas Temporary Restraining Order (TRO) form is crucial for anyone involved in family law matters. However, there are several misconceptions that can lead to confusion. Here are five common misunderstandings:

  • Misconception 1: A TRO is the same as a permanent injunction.
  • A Temporary Restraining Order is a short-term measure intended to provide immediate relief until a court hearing can occur. It is not a final decision and does not resolve the underlying issues.

  • Misconception 2: A TRO can be issued without any evidence.
  • The court requires the petitioner to provide pleadings and an affidavit that demonstrate the need for immediate protection. Evidence must show that the respondent poses a threat of harm.

  • Misconception 3: Respondents have no rights during the TRO period.
  • Misconception 4: A TRO automatically leads to custody changes.
  • Misconception 5: No legal assistance is needed to file for a TRO.

Key takeaways

When filling out and using the Texas Temporary Restraining Order form, keep the following key takeaways in mind:

  • Accurate Information: Ensure that the cause number and court information are filled in exactly as stated in your petition. This accuracy is crucial for the court's processing.
  • Child Information: Clearly list the names and relevant details of all children involved in the case. This includes their sex, date of birth, place of birth, and current address.
  • Prohibited Actions: Understand the specific actions that the restraining order prohibits. This includes disturbing the peace of the children, withdrawing them from school, or hiding them from the petitioner.
  • Hearing Requirements: Be aware that the respondent is ordered to appear in court with necessary documents. This includes tax returns, a description of monthly income and expenses, and recent pay stubs.

File Characteristics

Fact Name Description
Governing Law The Texas Temporary Restraining Order is governed by the Texas Family Code, Chapter 151.
Immediate Effect This restraining order takes effect immediately upon issuance and remains in force until further court order or expiration by law.
Prohibited Actions Respondent is prohibited from disturbing the peace of the children, hiding them from the Petitioner, or consuming alcohol or controlled substances before or during visitation.
Hearing Requirement The Respondent must appear in court with specified documents, including tax returns and pay stubs, to discuss the potential for a temporary injunction.

How to Use Texas Temporary Restraining Order

Once you have gathered all necessary information, it is time to fill out the Texas Temporary Restraining Order form. This form must be completed accurately to ensure that the court can process your request efficiently. After filling out the form, you will need to file it with the appropriate court and serve it to the other party.

  1. Fill in the Cause Number and Court Information: Locate the cause number and court details from your petition. Write them in the designated areas at the top of the form.
  2. List the Children: Under "In the interest of," provide the names of all children involved in the case. Include each child's name in the spaces provided.
  3. Identify the Petitioner: Print your first and last names in the space provided for the Petitioner.
  4. Identify the Respondent: Print the first and last names of the Respondent in the designated area.
  5. Provide Details About the Children: For each child, list their sex, date of birth, place of birth, and current address in the appropriate sections.
  6. Complete the Prohibited Acts Section: Review the list of prohibited acts and ensure they are included in the form. These acts are crucial for the court's understanding of your concerns.
  7. Fill in the Court Orders: Specify the orders you are requesting, including conservatorship, child support, residency restrictions, and any other temporary orders you wish to request.
  8. Set the Hearing Details: Provide the date and time for the hearing, along with the address of the courthouse where it will take place.
  9. Sign and Date the Form: At the bottom of the form, sign your name and date it to confirm that the information provided is accurate.

After completing the form, it is essential to file it with the court and ensure that the Respondent receives a copy. This process will help facilitate the upcoming hearing and ensure that your concerns are addressed in a timely manner.