Handling San Antonio Restraining Order Cases For Our Clients
When addressing situations involving a temporary restraining order (TRO), it is necessary to have strong legal representation and an effective advocate by your side. For more than 18 years, Sralla Family Law PLLC has been a rock for clients in need of help when circumstances seem most dire.
Our experienced family lawyers will guide you through the process of getting a TRO, going through your divorce and other daunting family law challenges. We will provide you with the strength and peace of mind you need during this trying time in your life.
Divorce And TROs: What To Know
A temporary restraining order (TRO) is an order that a court issues at the time a divorce petition is filed to preserve the status quo of the parties with respect to community property and children. A standard TRO prevents either spouse from doing things such as:
- Concealing or selling assets
- Cancelling insurance policies
- Cutting off utilities
- Hiding or secreting the children from the other spouse
- Removing the children from their present school or day care facility
- Threatening and harassing each other during the pendency of the divorce
Standard TROs are a matter of course for any judge in Texas on an ex-parte basis. This means the TRO will be issued without an initial hearing. Many Texas counties have standing orders that automatically impose a mutual TRO on the parties anytime a divorce action is filed.
Helping You When Extraordinary Relief Is Necessary
In extreme circumstances, a TRO can grant extraordinary relief to the requesting party in a divorce case. This type of TRO takes the extraordinary step of ordering a spouse to vacate the marital home because of domestic abuse or some other extreme reason. It limits a spouse’s access to the children because of abusive or neglectful behavior. It could order a peace officer to forcibly retrieve the children from a spouse who may have abducted them or is otherwise holding them in a manner that threatens their immediate safety.
To obtain a TRO with extraordinary relief, the requesting party must prepare a sworn affidavit that details the abuse or other misconduct of the other party. The court will consider such requests on a case-by-case basis.
The Process Of TRO Hearings
Once a TRO is issued, a hearing must be set within 14 days. The hearing will address the merits of the TRO and determine whether it should be extended in the form of a temporary injunction during the entire pendency of the divorce proceeding.
If the court grants extraordinary relief, the other party has an opportunity to defend themselves against the allegations. Also, at the TRO hearing, the court will usually consider requests for temporary orders – orders that outline the rules under which the parties will live while the divorce is pending. Issues commonly addressed at a temporary orders hearing involve:
- Temporary custody
- Visitation
- Support for the children
- Temporary use of property
- Servicing of debt
- Temporary spousal support
- Interim attorney fees
As family law attorneys and criminal defense attorneys, we have great success in securing extraordinary relief for our clients in extreme situations. We secure relief for clients who need help navigating through abusive relationships and situations involving the hiding or abduction of children.
Seek The Help Of A Restraining Order Lawyer You Can Trust
We offer an initial consultation for $150; please contact Sralla Family Law PLLC to get the assistance you need when it comes to TROs.
To speak with one of our team members, please call 210-600-9565 or use our online contact form.