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Temporary restraining orders in Texas

On Behalf of | Aug 8, 2014 | Firm News

Family members and spouses in Texas may be able to prevent a bad situation from becoming worse by learning more about the laws concerning temporary restraining orders in the state. According to Texas law, a spouse or court may grant a temporary restraining order without notice in the interest of preserving the property or for the protection of the petitioning party.

The temporary restraining order has a number of provisions, including limitations to prevent the law from prohibiting the petitioned party from engaging in reasonable acts towards conducting usual business, fulfilling employment obligation or affording living expenses. The temporary restraining order is designed to prevent one party from annoying, alarming or injuring the other. It is also designed to prevent one party from damaging, tampering or falsifying records about the property of the other party.

Parties who have been served a temporary restraining order are also prohibited from communicating with the petitioning party by writing or telephone in a vulgar, obscene or offensive manner. This includes making threatening calls or repeatedly calling anonymously at an unreasonable hour. Any attempt to reduce the value of the property is also prohibited under a temporary restraining order. Any attempt to misrepresent the property or obstruct the court’s orders are also prohibited under the Texas statues outlining temporary restraining orders.

Anyone who is seeking out or has been issued a temporary restraining order may benefit from conferring with legal counsel as soon as possible. Lawyers may be able to inform both parties of the expectations and protections provided by the temporary restraining order. Any history of domestic violence in the relationship may warrant petitioning for a temporary restraining order. Divorcing couples often petition for a temporary restraining order in an effort to keep the split amicable and mitigate any tension that could affect any children or assets involved in the proceeding.

Source: Findlaw, “TEX FA. CODE ANN. § 6.501 : Texas Statutes – Section 6.501: TEMPORARY RESTRAINING ORDER“, August 07, 2014