Houston Temporary Restraining Orders Attorney
Texas law allows people to file temporary restraining orders when a relationship goes bad and they begin to worry about the safety of their children or family. The question many people have is where are they supposed to begin? Is it necessary to get the police involved? What about a lawyer? Will filing a restraining order actually help or only antagonize?
At Holmes, Diggs & Sadler we know you’re scared and have a lot of questions. We have experienced attorneys who can give you the answers and legal advice you need right now. You are going through an emotionally difficult time and need answers as well as support. Our team is made up of seasoned and compassionate lawyers who can walk you through this difficult time. If you are interested in a temporary restraining order or have legal questions about your current situation, please contact us at (713) 802-1777. We want to help you and your family stay safe and get back on track.
What Is a Temporary Restraining Order?
A temporary restraining order, sometimes referred to as a TRO, is an order signed off on by a judge that can restrain specific actions by a spouse. These actions may include things like preventing withdrawals from bank accounts, selling off property or assets, harassing behavior, or removing a child from school or daycare. These orders are typically sought in cases of divorce, custody cases, paternity suits, and other cases that could impact parent-child relationships. You may be allowed to file a TRO without notice to the other party, and the judge may make a decision without requiring you or your spouse to appear in court. The important thing to remember is that a temporary restraining order is just that, temporary. The order is valid for only 14 days but may be extended an additional 14 in some circumstances.
There is another important distinction to make, a temporary restraining order is very different from a protective order. A protective order is needed where there is violence or the threat of violence involved. If you think you may need a protective order itself or a protective order in addition to a restraining order get in contact with one of our attorneys immediately.
Filing a Temporary Restraining Order
Filing a temporary restraining order doesn’t have to be complicated, but you do need to know where to begin and what kind of information a court is going to be looking for in order to grant one. Here are the steps you need to follow if you are interested in obtaining a TRO:
- The person wanting to file the order must first make sure there is a valid reason to seek the order, a TRO is not to be used as a way to punish or antagonize a spouse.
- The person needs to file an ex parte order and affidavit claiming that the other custodial parent is somehow a danger to the child, your finances, or property.
- The court will then determine whether the order is reasonable and will make a determination to either accept or denies the order.
- The judge typically will schedule a hearing within two weeks from the acceptance of the restraining order since the order is only valid for 14 days.
- Depending on the outcome of the hearing, permanent or conditional changes could be made to things like the custodial agreement in order to address the conduct or behavior of the person at the heart of the order.
- The temporary restraining order may be continued at the judge’s discretion at the hearing.
Again, a temporary restraining order is meant to protect you, your children, and your financial and marital property. It can help prevent a spouse or parents from draining a bank account, selling property, incurring large debts, removing a child from school, opening mail not addressed to them, and intentionally damaging property. It may even be used to order a parent to stay away from a child until a full hearing can be held.
Just because you can find paperwork online or in a public library, doesn’t mean that that’s the best way to go about filing an order. You need valuable legal advice you can’t get from a book or online resource. Your future and the future of your child is at stake, now is not the time for a do-it-yourself approach. Not only can a lawyer help you file, but they can also give you the advice you need to make sure your child and assets are legally secured and protected.
How Can a Family Lawyer Help Me?
While the process of filing a temporary restraining order may not seem complicated, having a lawyer on your side from the very beginning of this type of situation is critical. Parents worried about the conduct or behavior of a spouse need to take immediate actions to ensure their children are protected in a legal and enforceable way. A temporary restraining order is only the first step in what could be a long and contentious process of protecting yourself and your child from the other parent. This is not the time to go it alone.
If you are concerned about your current situation and think you need a temporary restraining order against your child’s other parent, contact Holmes, Diggs & Sadler about your fears. Our attorneys can give you compassionate and knowledgeable legal advice pertaining to your unique situation. Our focus is on family law, meaning you get the advice you need to safeguard you and your family’s future. Contact us at (713) 802-1777 for a consultation and let us help you navigate this challenging time.