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What if I'm served with a Temporary Restraining Order (TRO)?

 

A Temporary Restraining Order (TRO) is different from a family violence protective order. Getting served with a TRO does not necessarily mean you’ve done anything wrong, and not all TROs are filed because there is an emergency involving a child.  Sometimes a person who files for divorce or conservatorship will ask the judge to sign a Temporary Restraining Order (TRO) to help them control money, property, or where a child lives or travels.

All TROs will order one party or both parties not to do certain things until a temporary orders hearing can be held. A TRO usually lasts for 14 days or until the hearing, whichever is sooner. 

If you have been served with a TRO:

  • Read the TRO carefully and obey it. The judge can hold you in contempt if you do not obey a court order.
  • Make plans to go to the hearing. If you do not go to the hearing, the judge can make orders about your money, property and children (if applicable) without any input from you.
  • Talk with a lawyer about your legal rights and what to expect at the hearing. If possible, hire a lawyer to represent you at the hearing.
  • If you need more time to hire a lawyer or time to get ready for the hearing, you can ask the judge to reset the hearing date to a later date by filing a Motion for Continuance. Read this article to learn more: How to Ask for a Continuance.

This TRO kit is only meant for situations where a child is in danger and needs to be protected immediately, and the person putting the child is danger is a parent or someone else with conservatorship rights. 

Also read Temporary Orders & Temporary Restraining Orders (TROs).

 

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