What You Need to Know About Temporary Restraining Orders
When a person feels threatened or at risk of harm, obtaining a restraining order can provide immediate legal protection. Temporary restraining orders (TROs) serve as a first line of defense while longer-term legal arrangements are considered. We want to give you a clear picture of how these orders work, what to expect, and the steps you can take if you need one.
Temporary restraining orders are designed to act quickly. They restrict someone from contacting, approaching, or otherwise interfering with the person requesting the order, their family members, or their property. Unlike permanent restraining orders, which are issued after a court hearing, a TRO can be granted without the alleged offender being present.
At Thaler Law, we help our clients obtain temporary restraining orders and provide support throughout the process. If you’re facing threats, harassment, or family violence, contact us today to take the next steps toward protecting yourself and your loved ones.
Our firm serves clients in Williamson County, Texas, and the surrounding areas, including Travis County, Bell County, Burnet County, Hays County, Bastrop County, Bexar County, Lampasas County, Milam County, and McLennan County.
Who Can Request a Restraining Order
In Texas, a wide range of people can request a restraining order. Most often, individuals experiencing family violence, stalking, or threats of harm file for a TRO. However, protective orders may also be available for individuals who are not family members but face harassment or repeated unwanted contact.
We advise anyone seeking a restraining order to consider the immediate risks and those who may be endangered by the other party’s actions. Courts look for evidence that someone’s behavior is threatening or harmful, so documenting incidents is critical. Supporting materials like text messages, emails, photographs, or witness statements can strengthen a request for a restraining order.
Some key points to consider when deciding to request a TRO include:
Identify who is at risk and the nature of the threat.
Gather any communications or proof of past incidents.
Consider whether children or other family members could be affected.
Collecting this information in advance helps us present a well-organized case to the court, which can increase the likelihood of the restraining order being issued promptly.
How a Temporary Restraining Order Works
Once a restraining order is filed, a judge may issue a TRO without immediately notifying the other party. This short-term protection typically lasts a few weeks, giving both parties time to prepare for a formal hearing. During this period, the restrained individual may be required to stay away from the petitioner, avoid communication, and, in some cases, surrender firearms.
It’s important to know that a TRO is not automatically permanent. After the initial period, the court schedules a hearing to determine whether a longer-term restraining order is warranted.
We analyze all available evidence and organize our arguments to present a clear rationale for extended protection. This hearing provides an opportunity to review the facts in front of a judge and allows both parties to testify.
Violating a restraining order can have serious consequences. If someone ignores the restrictions, they may face criminal charges, fines, or even jail time. That’s why courts take these orders seriously and why we emphasize complying with all stipulations.
Steps to Request and Maintain a Restraining Order
Filing for a restraining order requires thorough preparation. We use a structured process to collect and organize the information the court requires. Here are the key steps:
Complete the application for a restraining order with detailed facts about the threats or harmful behavior.
File the application at the appropriate courthouse.
Present supporting evidence, including any witness statements or documentation.
Attend the temporary hearing so the judge can consider issuing the TRO.
After a TRO is granted, maintaining it requires consistent compliance with all applicable court orders. We focus on helping clients stay organized and track any incidents that may violate the order. Keeping a record of any violations can be important if the case progresses to a longer-term protective order.
We also advise keeping multiple copies of the restraining order on hand. Having copies at home, work, or with family members can prevent misunderstandings and make sure everyone knows the restrictions in place.
Preparing for a Court Hearing on a Restraining Order
The hearing following a temporary restraining order is a critical moment. During this hearing, the judge evaluates the evidence, hears testimony, and decides whether to issue a more permanent restraining order. We prepare clients by reviewing the facts, organizing documentation, and practicing clear explanations.
During the hearing, the restrained individual may present their side of the story. It’s important to remain focused and present factual information. Courts prefer credible, specific details over general statements. We encourage documenting behavior in a chronological, easy-to-follow format, which helps the judge prioritize key concerns.
It’s also important to plan for personal safety throughout the process. Courts understand that emotions can run high, so having a safety plan in place, such as changing routines, avoiding contact, and alerting local authorities if needed, complements the protection provided by the restraining order.
Reach Out to an Attorney
If you are dealing with threats, harassment, or family violence and need a temporary restraining order, we can help. At Thaler Law, we guide clients through the process by organizing documentation, presenting clear evidence, and advocating for protection.
Our firm serves clients in Williamson County, Texas, and the surrounding areas, including Travis County, Bell County, Burnet County, Hays County, Bastrop County, Bexar County, Lampasas County, Milam County, and McLennan County. Call today to discuss your situation and take steps to protect yourself and your loved ones by obtaining a restraining order.
