Texas PDF Templates

Texas PDF Templates

Homepage Blank Texas Temporary Restraining Order PDF Template

Form Example

[Fill in Cause number and court information exactly as it is written on your Petition.]

In the interest of (List children):

§

 

 

 

 

 

 

§

 

 

 

1

Name:

 

 

§ CAUSE NO:

 

 

 

 

 

2

Name:

 

§

 

 

 

 

 

 

 

3

Name:

 

 

 

 

 

 

 

§ In the __________ District County Court of:

 

 

4

Name:

 

§

 

 

County, Texas

 

 

 

 

 

 

 

 

 

 

 

 

 

TEMPORARY RESTRAINING ORDER

AND ORDER TO APPEAR FOR TEMPORARY ORDERS HEARING

Today, Petitioner, _____________________________, requested temporary restraining orders.

[PRINT Petitioner’s first and last names.]

Respondent is _______________________________________________________________.

 

[PRINT Respondent’s first and last names.]

 

The following children are the subject of this suit.

 

 

Child’s name

Sex Date of Birth

Place of Birth

Current Address

1

2

3

4

5

6

The Court read Petitioner’s pleadings and affidavit and finds Petitioner is entitled to a temporary restraining order. The Court finds Respondent will commit the prohibited acts listed below before notice of the hearing on temporary injunction can be served and a hearing can be held, unless Respondent is immediately restrained.

IT IS THEREFORE ORDERED that the clerk of this Court issue a temporary restraining order restraining Respondent, and that in it Respondent shall not:

Disturb the peace of the children or another party.

Withdraw the children from the school or day-care where they are enrolled.

Hide the children from Petitioner.

© Texas Partnership for Legal Access – SAPCR TRO, Aug. 2009

 

Texas Family Code, Chapter 151

Page 1 of 3

Talk badly about Petitioner or Petitioner’s family to, or around, the children.

Drink alcohol or consume controlled substances within 12 hours before or during a period of possession or access to the children.

Cancel, change, fail to pay premiums, or disturb the present level of health insurance coverage for the children.

This restraining order is effective immediately and shall continue until further order of this Court or until it expires by operation of law. This order binds Respondent, Respondent’s agents, servants, and employees; and those in active concert or participation with them who receive actual notice of this order by personal service or otherwise. No bond is required.

IT IS FURTHER ORDERED that the clerk shall issue notice to Respondent,

__________________________________________, to appear, and Respondent is ORDERED

[PRINT Respondent’s first and last names.]

to appear in person, and to bring the following:

tax returns for the past two years,

a written description of his or her monthly income and expenses, and

pay stubs for the past three months.

Respondent IS ORDERED to appear with those documents before the Court in the courthouse at

________________________________________________________________________.

[PRINT the street address of the courthouse or place for hearing.]

on _____________________________________________ at _______________ __. M.

[PRINT hearing date.]

[PRINT time.]

The purpose of the hearing is to decide if the temporary restraining order should be made a temporary injunction while this case is pending, and to make temporary orders in the best interest of the children including but not limited to the following:

Temporary Conservatorship (custody) orders naming Petitioner:

Joint Managing Conservator, with the exclusive right to establish the children’s primary residence, (Home-Parent),

Joint Managing Conservator, noncustodial parent, (Co-Parent), Sole Managing Conservator, (Home-Parent),

Possessory Conservator, (Co-Parent),

© Texas Partnership for Legal Access – SAPCR TRO, Aug. 2009

 

Texas Family Code, Chapter 151

Page 2 of 3

and naming Respondent: [CHECK only one.]

Joint Managing Conservator, with the exclusive right to establish the children’s primary residence, (Home-Parent).

Joint Managing Conservator, noncustodial parent, (Co-Parent). Sole Managing Conservator, (Home-Parent).

Possessory Conservator (Co-Parent).

Child Support Orders ordering Respondent to:

pay statutory child support, health insurance premiums for the children, and half of the children’s uninsured medical expenses, private school tuition, or day-care expenses during this case.

Residency Restrictions, limiting the children’s residence to the following geographic area: __________________________________________________________________

Travel Restrictions, limiting Respondent from taking the children outside a geographical area defined by the Court, acting directly or with others.

Standard Visitation Orders.

Limited Visitation Orders, denying Respondent’s access to the children, or limiting it to only supervised contact with the children.

Other Temporary Orders Requested

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

IT IS FURTHER ORDERED that any authorized person eighteen years of age or older who is not a party to or interested in the outcome of this suit may serve any citation, notice, or process in this case.

SIGNED on _________________________________ at ____________________ __. M.

 

___________________________________

 

JUDGE PRESIDING

© Texas Partnership for Legal Access – SAPCR TRO, Aug. 2009

 

Texas Family Code, Chapter 151

Page 3 of 3

Common mistakes

  1. Omitting Important Information: Failing to fill in the cause number and court information exactly as it appears on the petition can lead to delays or complications in the process. Each detail matters in legal documents.

  2. Incorrectly Naming Parties: Misnaming the petitioner or respondent can create confusion. It is crucial to print the first and last names clearly and accurately.

  3. Leaving Out Children’s Information: Not listing all children involved in the case can affect the court's understanding of the situation. Ensure that each child's name, sex, date of birth, place of birth, and current address are included.

  4. Ignoring Specific Prohibitions: Failing to check the appropriate boxes for the acts that the respondent should be restrained from can result in inadequate protection. Review the list carefully and mark all applicable prohibitions.

  5. Missing Hearing Details: Forgetting to provide the date, time, and address of the hearing can cause significant issues. Double-check that this information is accurate and complete.

  6. Neglecting Required Documents: Not specifying the documents the respondent must bring to the hearing can hinder the process. Clearly list items like tax returns and pay stubs to ensure all necessary information is available for the court.

Key takeaways

  • Ensure you fill in the Cause number and court information exactly as it appears on your Petition. This is crucial for the court to process your request correctly.

  • List all children involved in the case clearly. Include their names, sex, date of birth, place of birth, and current address to avoid any confusion.

  • The restraining order takes effect immediately. It will remain in place until the court issues a further order or it expires by law.

  • Respondent must be served with notice to appear in court. They are required to bring important financial documents, including tax returns and pay stubs.

  • During the hearing, the court will determine whether to make the temporary restraining order a temporary injunction and will consider temporary custody and support arrangements for the children.

  • Any adult who is not involved in the case can serve the necessary documents. This ensures that the process remains impartial and fair.

Steps to Using Texas Temporary Restraining Order

After gathering all necessary information, you are ready to fill out the Texas Temporary Restraining Order form. This form is crucial for initiating the process of obtaining temporary protection in family law matters. Follow these steps carefully to ensure that all required information is accurately provided.

  1. At the top of the form, fill in the Cause Number and court information exactly as it appears on your Petition.
  2. In the section labeled "In the interest of," list the names of the children involved in the case. Include their names in the designated spaces.
  3. Indicate the type of court by checking either the District or County box.
  4. Fill in the name of the County where the court is located.
  5. In the section for the Petitioner, print the first and last names of the person requesting the temporary restraining order.
  6. Next, print the first and last names of the Respondent in the designated area.
  7. Provide the names, sex, date of birth, place of birth, and current address of each child involved in the suit in the appropriate fields.
  8. Review the list of prohibited acts and ensure that you understand them. This section outlines what the Respondent is restrained from doing.
  9. Fill in the courthouse address where the hearing will take place.
  10. Specify the date and time of the hearing in the provided spaces.
  11. Check the appropriate box for the type of conservatorship orders you are requesting for the children.
  12. Detail any child support orders or residency and travel restrictions you wish to request.
  13. Include any other temporary orders you would like to request in the designated section.
  14. Finally, sign and date the form at the bottom where indicated.