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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.
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.
I was served with a Temporary Restraining Order. What should I do? Read the TRO carefully and obey it. ... Talk with a lawyer right away about your legal rights. ... Make plans to go to the hearing. ... If you need more time to hire a lawyer or more time to get ready for the hearing, you may be able to reschedule the hearing.
To get an ex parte order, an applicant files a written affidavit that tells the detailed story of his or her abuse. The court reads the affidavit and decides if there is a clear and present danger of family violence.
A temporary order hearing in Texas often involves the family court judge establishing temporary injunctions that will create parameters for the parties' conduct during the divorce and will continue until the final divorce decree is entered.