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Once you are served with the Ex-Parte TRO, you may request a motion to modify or dissolve the TRO after giving your spouse 48-hour notice and seek attorney fees if the filing was false or frivolous.
A temporary restraining order is signed by the judge without a hearing and is effective for 14 days. However, you may request an extension of an additional 14 days before its expiration for good cause.
In certain situations, you may choose to appeal the results of a temporary orders hearing. The appeals process allows you to challenge the judge's decisions and seek a different outcome.
If you have been served with a TRO, 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.
Rule 83, which has not been amended since the Federal Rules were promulgated in 1938, permits each district to adopt local rules not inconsistent with the Federal Rules by a majority of the judges. The only other requirement is that copies be furnished to the Supreme Court.
The temporary or ex parte injunction is a court order designed to provide you and your family members with immediate protection from the abuser. If the judge decides that there is an immediate and present danger of domestic violence, the judge will grant the temporary injunction.
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.
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.