When a respondent is served with an original petition for divorce, it may include a temporary restraining order (TRO) and/or a notice of a hearing setting the temporary order hearing. A TRO is an injunction and is valid for 14 days. It prevents the respondent from taking any actions that negatively affect the marital estate. Such an injunction also typically includes restrictions to keep the respondent from threatening or harassing their spouse. If children are involved, it enjoins the respondent from hiding or secreting the children from the petitioner, from removing them from the jurisdiction of the court, and from withdrawing them from school or day care. When the parties appear in court for temporary orders, a judge rules on whether or not the injunction should be extended or become permanent.
Protective Orders
When a party in the divorce case harasses, physically abuses or threatens violence against another person, including the spouse or child, the injured party may ask a judge to issue a protective order against the aggressor. Such an order requires the accused party or respondent to stop their harassment, threats or violent behavior. Further, it can enjoin the accused party of going within so many feet of the residence and workplace of the victim. A judge likely will hold a subsequent hearing to allow the respondent to tell their side of the story and to determine if the protective order should become permanent. When orders exist, police are more likely to intervene if a new complaint arises against the respondent. A qualified family law attorney can be instrumental in obtaining this protection from a court.
Experienced legal representation
The Law Offices of Stephanie A. Foster, P.C. is experienced in assisting residents of Fort Worth, Arlington, Keller, Euless, Southlake and Mansfield in obtaining temporary restraining orders and protective orders. If you have any questions regarding temporary restraining orders and protective orders, contact the Foster Law Office at 817-277-2805.