This article tells you about temporary orders and temporary restraining orders (TROs) in family law cases.
Composed by TexasLawHelp.org • Last Updated on January 4, 2023Temporary orders and temporary restraining orders (TROs) are used in family law cases, such as divorce or custody cases, to make decisions about children and property while a case is waiting to be finished. Learn about what can be included in temporary orders and TROs and if one is appropriate for your case. It's important to talk to a lawyer before asking for temporary orders.
Family law cases can take a long time (especially if the case is contested).
While your case is pending (waiting to be finished), you may need orders about your children or use of your property. If so, you can ask the judge to make temporary orders.
Either party in a family law case can ask for temporary orders by filing a Motion for Temporary Orders. The judge will have a temporary orders hearing (so the judge can hear from both you and the other side). The judge will then make temporary orders.
The temporary orders will last until a final order is signed by the judge (or the temporary orders are changed by the judge).
No. Most family law cases will not need temporary orders.
Yes! A temporary orders hearing can be the most important hearing in a case. It is a good idea to talk with a family law lawyer who can explain your options and give you advice about your particular situation.
If you need help finding a lawyer, you can:
Temporary orders in cases involving children can include any order necessary for the safety and welfare of the children and typically include orders regarding:
In divorce cases, temporary orders also can include:
If you are afraid the other party will do something harmful before the temporary orders hearing, you can ask the judge to sign a temporary restraining order (TRO).
A TRO is an emergency court order that orders a party not to take some particular action until a hearing can be held. A TRO lasts for 14 days or until your temporary orders hearing, whichever is sooner.
You can ask the judge for a TRO by filing a Motion for Temporary Restraining Order, Temporary Injunction, and Temporary Orders. You must also file an affidavit or statement made under penalty of perjury that explains why the TRO is necessary and why you cannot wait for the temporary orders hearing.
Important: A protective order is different from a TRO. If you or your children have experienced family violence, you may need a protective order. Call the National Domestic Violence 24-Hour Hotline at 800-799-SAFE (7233) for help.
A TRO can include orders necessary to protect your property, your safety, or the safety of the children until a temporary orders hearing can be held.
In an emergency, a TRO can order a parent to stay away from a child until a hearing can be held.
A TRO cannot include orders for custody, or child support, and cannot exclude a spouse from his or her residence.
In some counties, a TRO cannot include orders automatically made in a standing order.
The judge will only sign a TRO in an emergency situation.
It is best to talk to a lawyer if you need temporary orders.
Temporary order forms may be available at your county law library. Temporary order forms for use in Travis County are available at the Travis County Law Library & Self-Help Center. TexasLawHelp.org offers a guide on Temporary Restraining Orders, Temporary Injunctions, and Temporary Orders in Child Custody Emergencies, and it includes forms.
Additionally, Tarrant County has the following temporary orders forms packets:
If you were served with a Motion for Temporary Orders, you should:
If you have been served with a TRO,
Note: A Temporary Restraining Order is different from a family violence protective order. Getting served with a TRO does not necessarily mean you’ve done anything wrong.
The judge listens to you, the other party, and any witnesses. If a party has a lawyer, the judge also listens to the lawyer. The judge reviews any documents that are properly offered and admitted into evidence.
The judge will then decide what the temporary orders will be.
Check with your court before the hearing to see if there are any time limits in the temporary orders hearing. For example, in some counties, the judge will only allow 20-30 minutes per side. Knowing this in advance will help you limit your witnesses and evidence to the most relevant. Carefully review Gathering and Presenting Evidence for more information.
Yes, you can ask the court to change temporary orders by filing a Motion to Modify Temporary Orders. However, you must be able to show a significant change in circumstances. Talk with a lawyer first. It may make more sense to set your case for a final hearing.
Forms to modify temporary orders are not available on TexasLawHelp.
Temporary orders can only be made as part of a larger case (such as a divorce or custody case). If you meet certain legal requirements you may be able to file a custody case. To see if you qualify to file a custody case and to review information and forms you can use I need a SAPCR (custody) order. I am not the child’s parent.
Another option may be for the parent (or both parents) to sign an Authorization Agreement for Nonparent Relative or Voluntary Caregiver form. This form can be used to give a close relative (or nonrelative if the child was placed by CPS) temporary authority to care for and make decisions for a child. Unlike a custody order, a nonparent authorization agreement can be revoked (taken back) by the parent at any time.
You can also get a court order giving you temporary authorization to care for a child. Read Going to Court to Get Temporary Authorization to Care for a Child and the related guide, Temporary Authorization for Care of Minor Child (Texas Family Code 35) for more information.