Emergency and Temporary Relief
The Texas Family Code allows an individual and, in some cases, immediate family members various types of temporary or emergency relief while a case is pending. Absent exceptional circumstances, a divorce cannot be finalized any less than 60 days after the initial filing, and other suits, such as Suits Affecting Parent-Child Relationships (SAPCR), also have procedural waiting periods. This lapse in time can cause significant issues among the parties and children, especially if there is a history of family violence or a party or children need immediate financial support. To alleviate those issues, the Family Code permits four primary types of temporary relief, which often cover the same or similar issues. These forms of relief are temporary restraining orders, temporary injunctions, temporary orders, and protective orders.
Temporary Restraining Orders
One of the most common forms of relief in a suit affecting family relationships is the temporary restraining order (TRO). The TRO is typically filed when the original divorce or SAPCR is filed. The TRO preserves the status quo by restraining a party from doing certain acts. While many of the acts prohibited by TRO would constitute a violation of a law, like assaulting or threatening the other party; there are certain acts that are not criminally protected, such as ordering a party not to hide or secret children that a TRO is designed to enforce. One critical aspect of a TRO is that it is an Ex parte order, meaning only one side presents information to the judge before the order is signed, and the TRO expires by operation of law 14 days after the judge signs it. This is important because it means the court will set a hearing within two weeks of the original filing. Provided the responding party (Respondent) is served the TRO at least three days before the hearing is set, the filing party (Petitioner) will have an opportunity to request more permanent relief while the case is pending at that hearing in the form of a temporary order and temporary injunctions.
Temporary Orders and Temporary Injunctions
The temporary order and the temporary injunction go hand in hand. A temporary order is a document the judge signs to establish certain rules for the parties while the case is pending. It will usually last until a final order is entered unless modified, which can be a couple of months or even a few years. The temporary order does not expire like a TRO, so unless the case is dismissed because it sits on the court’s docket for too long, it will remain in effect until the parties go to trial or agree on a final order. The temporary order can establish child support, visitation, temporary use of property, and include temporary injunctions designed to extend the protections granted in a TRO.
Protective Orders
The Texas Family Code allows three types of family-violence protective orders: (1) a temporary ex parte protective order, (2) a final protective order, and (3) a magistrate’s order for emergency protection. Each type of protective order can vary in the type and duration of protection afforded to the person seeking protection, but all three are designed to keep a person from going near another person or places that person frequents, like school or work. Many people think of the term “restraining order” to accomplish this, but in Texas, we call this type of relief a protective order. Breaking the protective order becomes an arrestable offense and constitutes a crime under the Texas Penal Code, which may be prosecuted by the local district or county attorney. Typically, the protective order will prevent a person from going within a certain distance of another person or persons and places they are usually found. It can also prohibit a person from contacting the other person or limit the type of contact the person may have. The court will often make a formal finding of family violence in a protective order. This is significant because it alters several rights of the person who is subject to the order. It can limit their access to their children, access to firearms, and require payment of spousal maintenance to a spouse otherwise unqualified to such relief.
It is important to have an experienced attorney assess your case to determine the appropriate form of temporary relief needed. Each type of temporary relief will have different procedural steps, so you’ll need to figure out which one best suits your case before deciding to move forward with your initial filing.
