Back to Learning Center

Blog

What a Temporary Restraining Order in Texas Actually Does

Chad Elsey | April 27, 2026

If you’re concerned your spouse may drain a joint bank account, liquidate a retirement plan you don’t have access to, change insurance beneficiaries, or take your children out of state, a temporary restraining order (TRO) can be an important first step. However, you must have a clear understanding of what it can and cannot do. In complicated circumstances, it’s easy for urgency and uncertainty to blur together, and knowing where you stand legally can bring a measure of steadiness to your next steps.

This article is for spouses and parents navigating a Texas divorce or custody case who need to protect assets, children, or both. It explains what a TRO is (and isn’t), how it differs from a protective order and a temporary injunction, what conduct it restricts under Texas Family Code § 6.501, the filing process, and the 14-day timeline that begins as soon as the order is granted.

If you’re facing physical violence or the threat of physical violence, skip to the comparison section – you likely need a protective order rather than a TRO. These are distinct legal tools, each designed for different situations, with their own purposes and methods of enforcement.

Here’s what you need to know before you file.

What a TRO Actually Does in a Texas Divorce or Custody Case

A temporary restraining order in Texas is a short-term civil court order under Texas Family Code § 6.501. It holds things steady in a divorce or SAPCR case for up to 14 days, per Texas Rules of Civil Procedure Rule 680. At a time that can already feel uncertain or tense, it preserves the “last peaceable condition,” preventing either party from making unilateral decisions about assets, insurance, or children while the court prepares to hear from both sides.

What a TRO is not: It cannot remove a spouse from the home under § 6.501(b)(2)(A), cannot establish custody or support, and carries no criminal penalties for violation. It is a civil tool focused on property and conduct, not a safety order.  Though the violation of a TRO isn’t, in and of itself, a crime, Courts may hold a violator in contempt, which can include incarceration.

What a TRO Can and Cannot Restrict Under Texas Law

Understanding what a TRO can and cannot do helps you decide whether it truly fits your situation. The limits matter just as much as the protections, especially when expectations are high and the stakes feel personal.

Under § 6.501(b), a TRO cannot remove a spouse from the marital home. Only a protective order can do that. If your immediate concern is space or safety within the home, this distinction matters more than it might first appear.

Financial Restrictions (§ 6.501(a)(1-5))

A TRO is primarily designed to preserve financial stability. It can prevent a spouse from hiding, spending, or transferring assets – actions like selling community property, withdrawing funds beyond reasonable living costs or attorneys’ fees, changing insurance beneficiaries, taking on new joint debt, or altering financial records. These safeguards exist to ensure that what you’ve built isn’t quietly diminished before the court has a chance to review it.

Digital Restrictions (§ 6.501(a)(20-23), (a)(27))

More recent updates reflect how much of life now unfolds digitally. A TRO can prohibit deleting electronic evidence or social media content, accessing accounts without permission, or using tracking tools like GPS devices or apps. These provisions reflect the growing role of digital records in family law cases and their substantial impact on custody litigation.

Children (§ 6.501(a)(8-10))

When children are involved, a TRO helps maintain continuity. It can prevent removing them from their school or daycare, taking them out of Texas, or applying for passports without court approval. What it cannot do is set custody schedules, establish visitation, or order child support – those decisions are reserved for a temporary orders hearing where both parents are heard.

Explicit Limitations Under § 6.501(b)

TROs are intentionally limited in scope. They cannot remove a spouse from the home, restrict reasonable living expenses, interfere with ordinary business activities, or determine custody, visitation, or support. These boundaries ensure that a TRO serves as a stabilizing measure, holding things in place until fuller decisions can be made with both sides present.

How a TRO Differs From a Protective Order and a Temporary Injunction

A TRO preserves stability within an ongoing case, a protective order addresses family violence with criminal enforcement, and a temporary injunction is what a TRO can become after both sides are heard.

	TRO	Protective order (temporary ex parte)	Protective order (final)	Temporary injunction
Purpose	Preserve property/status quo	Safety from family violence	Safety from family violence	Extends TRO restrictions post-hearing
Governing law	§ 6.501	Chapter 83	Chapters 81-85	§ 6.502
Duration	14 days + one 14-day extension	Up to 20 days (Texas State Law Library)	Up to 2 years (Texas State Law Library)	Until case resolution
Requires pending lawsuit?	Yes	No	No	Yes
Can exclude spouse from home?	No (§ 6.501(b))	Yes (kick-out order, § 83.006)	Yes	Possible after hearing
Bond required?	Yes (Rule 684)	No	No	Yes
Violation enforcement	Civil contempt	Criminal – Class A misdemeanor (Penal Code § 25.07)	Criminal – Class A misdemeanor (Penal Code § 25.07)	Civil contempt
Cost to file	~$350 filing fee + bond	Typically free	Typically free	Included in case filing

The TRO-to-Temporary-Injunction Pipeline

A TRO provides a brief window – 14 days – of stability. At the temporary orders hearing, where both parties are present, and the respondent has received notice under Rule 681, the judge may convert those restrictions into a temporary injunction under § 6.502, lasting until the case concludes. This hearing often carries added weight, addressing not only whether restrictions continue, but also temporary custody, support, and use of the marital home.

Standing Orders in Texas Counties

In more than 76 Texas counties – including Dallas, Travis, Bexar, Collin, and Denton – a standing order takes effect automatically when a case is filed, placing standard limits in place without a separate TRO request. These typically reflect § 6.501, covering asset transfers, insurance changes, and conduct affecting children.

Harris and Tarrant do not have standing orders, so a separate TRO filing is required to put these protections in place, according to Texas Law Help. This variation across counties can shape the steps you need to take, depending on where your case is filed.

How to File for a TRO in Texas

The filing process follows a strict sequence, with tight timelines and non-negotiable requirements. When you’re seeking urgent protection, even a small misstep can delay relief or render an order unenforceable – so care and precision matter at every stage.

Step 1: File a Motion for TRO With a Sworn Affidavit

Under Rule 680, your affidavit must be grounded in personal knowledge – not “information and belief” – and set out clear facts showing “immediate and irreparable injury” before the other party can be notified.

What judges look for: specificity. Dates, actions, and evidence. “I’m afraid my spouse might hide money” is unlikely to meet the standard. “On March 3, my spouse transferred $85,000 from our joint account to one I cannot access” gives the court something concrete to act on. It’s not about how strongly something is felt, but how clearly it can be shown.  The best evidence is the most recent evidence.  Waiting weeks after an incident to seek a TRO limits its potential effectiveness. 

Step 2: Ex Parte Review

A judge may grant a TRO without the other party present if your affidavit explains why giving notice would cause harm. The order must also state why it was issued without notice, in line with Rule 680. At this stage, the clarity and strength of your affidavit often determine whether protection is granted immediately or deferred to a full hearing.

Step 3: Post the Mandatory Bond

Under Rule 684, a TRO issued without a security bond is void. The judge sets the bond to cover potential loss if the order is later found to have been wrongly issued. In SAPCR (child custody) cases, the court may waive this under § 105.001(d), but this is not guaranteed – it rests on judicial discretion.  However, in a TRO involving custody matters, they are often issued with the bond requirement waived.  When property or money is involved in the TRO, the Court is significantly more likely to require a bond.

Step 4: Serve the Respondent

The respondent must be served by a constable or private process server. Until they are formally served, the TRO cannot be enforced, meaning the protections you’ve sought are not yet in effect. 

Can You File Without an Attorney?

Tarrant County provides court-approved DIY form packets for those filing pro se. Still, the standard for affidavits under Rule 680 is exacting, the bond under Rule 684 is mandatory, and the 14-day window leaves little room for error. In cases involving significant assets or custody, legal guidance can materially shape outcomes – both in how the affidavit is prepared and how the temporary orders hearing is handled.

Filing costs: Approximately $350 in most Texas counties, plus any bond amount set by the judge.

The 14-Day Clock and What Happens at the Temporary Orders Hearing

A TRO lasts 14 calendar days (not business days) under Rule 680. It expires at midnight on the 14th day, not at the hour the order was signed.

Extension and Dissolution

The court may grant one 14-day extension for good cause, entered on the record in writing per Rule 680. Any further extension requires the respondent’s consent, which is uncommon in contested cases. The respondent can also move to dissolve or modify the TRO with two days’ written notice, and the court must hear it promptly. As a result, the 14-day period may be shorter if the order is successfully challenged.

The Temporary Orders Hearing: Where the Real Decisions Happen

At the temporary orders hearing, both parties present evidence and witnesses. This stage often carries more weight than many expect – it’s where the judge sets the framework for what follows: temporary child support, spousal support, use of the marital home, interim attorney’s fees, and whether TRO terms become a temporary injunction under § 6.502, lasting until the case is resolved.

A temporary injunction is what gives these protections continuity. While a TRO offers a brief safeguard, an injunction can maintain asset protections, insurance coverage, and restrictions on relocating children for months or longer, depending on the case.

What Happens If You Don’t Pursue the Hearing

If the petitioner does not move forward with the temporary orders hearing, Rule 680 is clear: the court dissolves the TRO. The order is not an endpoint, but a short bridge to the next step. Moving forward matters – it ensures both parties are heard and allows the court to put longer-term protections in place.

Common Misconceptions About Texas TROs

Five common misunderstandings about TROs can create false expectations and cost valuable time when protection matters most.

1. “A TRO can protect me from an abusive spouse.”
   Under § 6.501(b)(2)(A), it cannot remove a spouse from the home or carry criminal penalties. Situations involving family violence require a protective order under Chapter 83, violations of which are prosecutable as Class A misdemeanors under Penal Code § 25.07.
2. “It takes effect the moment the judge signs it.”
   In practice, not against the respondent. A TRO is not enforceable until it has been personally served. Any violation before service cannot lead to contempt.
3. “A TRO without a bond still has some effect.”
   Under Rule 684, it is void – not voidable, but legally without effect.
4. “All Texas counties handle TROs the same way.”
   They do not. Standing orders apply automatically in more than 76 counties, including Dallas, Travis, Bexar, Collin, and Denton. Harris and Tarrant do not have standing orders, meaning a separate filing is required, as outlined by Texas Law Help.
5. What if a TRO is violated? Document what happened, speak with your attorney, and file a motion for contempt. Courts can enforce TROs through contempt proceedings under § 157.001. In most cases, police cannot arrest solely for a TRO violation, as it is treated as civil contempt rather than a criminal offense. Protective order violations are different – law enforcement can act immediately under Penal Code § 25.07.

Getting Legal Advice on a Texas TRO

A TRO is often the first step, and it can set the tone for everything that follows. Temporary orders, property division, custody decisions, and sometimes appeals all build from this point. When your case involves significant assets, children, or heightened conflict, the way that the initial TRO is handled can quietly shape the path ahead.

Goranson Bain Ausley is Texas’s largest firm devoted exclusively to family law, with 57 attorneys and 31 board-certified family law specialists. Two attorneys hold dual board certification in Family Law and Appellate Law, bringing an added level of care and expertise to TRO arguments that may later be scrutinized. The team also includes three former family court judges who understand, from the bench, how TRO affidavits are evaluated.

With offices in Austin, Dallas, Fort Worth, Granbury, Midland, Plano, and San Antonio, the firm brings local familiarity with the nuances of county courts, where TRO procedures and standing orders can differ. It has been voted the #1 Family Law Firm in Austin/San Antonio and Dallas/Fort Worth by Texas Lawyer. If you’re unsure whether a TRO is the right first step, schedule a consultation to understand and think through your options with clarity and confidence.

Sign Up For Our Blog.