Temporary Injunctions & their Relevance in Divorce Proceedings

From the time divorce petition is filed till the time final divorce decree is signed, there are many events that could take place such as: one of the spouses taking the child to another state to change jurisdiction; intentional damage, undervaluing, or selling of the assets (community or separate) without the consent of the other spouse; family violence or threats by one of the spouses to harm the child or the other spouse, etc. These events disturb the divorce proceeding in a substantial manner and to avoid such events so that the status quo could be maintained, courts make use of temporary restraining orders (TROs) and temporary injunctions on the request of a party to the suit or on the court's own motion (Texas Family Code §§ 6.501 & 6.502). It is recommended to take legal advise from a divorce attorney to get a timely TRO or a temporary injunction.

When it comes to duration and procedure, a TRO and a temporary injunction are quite different from each other though both of them are for the same purpose. A TRO is valid only for 14 days from the date it is signed and can only be extended beyond this duration under specific conditions as laid down in the Texas Rules of Civil Procedure rules 680-693a. On the other hand, a temporary injunction is valid throughout the course of a divorce proceeding. A TRO could be granted by the court without the need of a notice and a hearing, solely on the basis of an affidavit or a verified complaint, though, a temporary injunction in most cases is only granted after a notice and a hearing. It is important to note here that a TRO or a temporary injunction could be granted without an affidavit or a verified pleading if the facts given in the application show immediate and irreparable injury, loss, or damage to the child, other spouse (or any other related party), property, etc. before a notice could be served or a hearing could take place (Texas Family Code § 6.503).

Temporary restraining order, temporary injunction, or other temporary orders granted during the course divorce is pending with the court must be followed by all the parties involved in the suit and violation of them is punishable as contempt (Texas Family Code § 6.506). An experienced divorce attorney can advice you when to request for these orders before irreparable damage could occur and how to enforce them if the other party doesn't comply.

Busby & Associates offers a no cost consultation to review your divorce, family law, child custody, child support or marital agreement case. For more information Visit Here

I love writing a lot and currently working as a Content and Academic Writer. My writing is qualitative, professional and timely which my clients like about me.