Texas law provides that a person may file a petition in court without the other party having received a Temporary Restraining Order (TRO) for the protection of the community property and peace of mind of the parties. However, sometimes there are circumstances that warrant emergency help. As defined by the Court, Extraordinary Relief is when there is an immediate need to obtain sole possession of the home so that the locks can be changed and the other party can be immediately excluded. It also includes obtaining sole possession of the children until a hearing can be set within 14 days, unless extended. To accomplish this, a lawyer would take your affidavit and any evidence, such as photos, an arrest record or some other convincing evidence that would show the judge signing the order that there is an immediate need to take action or harm that could be disastrous. A TRO can be a useful tool in a divorce. Schools, banks, international bridges, and law enforcement may be notified not to interfere or violate the judge’s order until the judge can determine, after hearing all testimony and considering all evidence, whether the TRO it must be made temporary or permanent while the pending divorce is in progress.
For more information, contact us online or call The Barrera Law Firm at 956 428 2822 for a free consultation.
