Restraining Order Form Document Foreclosure Texas
Description
How to fill out Complaint For Temporary Restraining Order, Preliminary Injunction And Permanent Injunction?
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FAQ
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);
However, under Rules 735 and 736 of the Texas Rules of Civil Procedure, certain lienholders can apply for what is known as an "expedited foreclosure" (also referred to as a quasi-judicial foreclosure) which, if granted, allows the process to move forward similar to a non-judicial foreclosure.
If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to ?dissolve? (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing.
A TRO is governed by Texas Rules of Civil Procedure Rule 680 and Texas Family Code § 6.501. If your spouse wishes to file a TRO that immediately excludes you from possession of or access to your children, a notice of this hearing must be given to you prior to the court date.
You can potentially obtain a TRO by convincing the judge assigned to your case that you would suffer harm that could only be described as ?irreparable? if they don't halt the foreclosure process temporarily. Sometimes, the TRO process all takes place within 24-48 hours. A TRO is, by definition, temporary.