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Temporary Restraining Order Form Foreclosure In Dallas
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State:
Multi-State
County:
Dallas
Control #:
US-000299
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Word;
Rich Text
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FAQ
Permanent Protective Orders The term “permanent” is somewhat misleading because these orders usually have a set expiration date and can last up to two years. However, permanent protective orders can be extended beyond the two-year mark in certain circumstances.
A temporary restraining order, otherwise referred to as TRO can halt the foreclosure process temporarily. This temporary halt can provide enough time for clients to work with their lawyers to avoid their impending foreclosure.
In Texas, a Temporary Restraining Order (or “TRO”) is a document filed with your initial petition. It can be filed in a divorce or a child custody matter. As the name suggests, once signed, it temporary restrains you, the other party, or both you and the other party from engaging in certain acts.
Once you turn in your request, a judge will decide quickly whether to grant temporary protection. The whole process can take a few weeks to months, depending on how complicated your case is. If the judge grants you a long-term restraining order, it can last up to five years.
After 14 days the TRO may be extended by a judge only once for an additional 14 days. Thus at most this TRO may only last 28 days' absent agreement to an additional extension. A Judge does have the discretion to extend the TRO more than once if it is uncontested (you do nothing or do not appear).
A TRO lasts for 14 days or until your temporary orders hearing, whichever is sooner. You can ask the judge for a TRO by filing a Motion for Temporary Restraining Order, Temporary Injunction, and Temporary Orders.
No temporary restraining order shall be granted without notice to the adverse party unless it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before notice can be served and a hearing had thereon.
The attorney usually will follow these general steps: Meet with the alleged victim in the case; Obtain an affidavit of non-prosecution; Obtain a verified request to lift the protective order; Draft a motion to remove or modify the current order; Contact the correct prosecutor (city or county prosecutor);
File Stop Foreclosure Lawsuit You will need to be available to answer questions and review a copy of your lawsuit before filing. Once filed, your assigned attorney will appear before a judge to request that a Temporary Restraining Order (TRO) be granted.
A temporary restraining order serves to provide emergency relief and to preserve the status quo until a hearing may be had on a temporary injunction. The purpose of a temporary injunction is to preserve the status quo pending a full trial on the merits.