Free Consultation

(512) 561-5003

Texas Legal Glossary · Family Law

Temporary Restraining Order (TRO)

Definition: A temporary restraining order in a Texas divorce is a short-term court order under Family Code § 6.501, often granted without notice to the other spouse, that bars conduct such as transferring property, harassment, or disrupting the children until a temporary orders hearing.

Also called: TRO, ex parte restraining order, standing order

What a temporary restraining order means in Texas

A temporary restraining order, or TRO, is an emergency order that preserves the status quo at the start of a divorce or custody case. Texas Family Code § 6.501 authorizes a court to issue a TRO ex parte, meaning without notice to the other spouse or a hearing, restraining a party from specific acts. The list includes threatening or harassing communication, destroying or hiding property, withdrawing funds beyond ordinary living expenses, changing insurance beneficiaries, and removing a child from the court’s jurisdiction. Section 105.001(b) provides a parallel ex parte power in suits involving children.

A TRO is not a protective order. A protective order under Family Code Title 4 requires a finding of family violence and can last two years or longer. A TRO requires no finding of wrongdoing and keeps assets and children in place for a matter of days.

How it works in practice

Under § 6.503 and Texas Rule of Civil Procedure 680, a TRO expires in 14 days unless extended once for another 14 days or by agreement. The court sets a hearing on temporary orders within that window. At the hearing the TRO either becomes a temporary injunction that lasts through the case or is dissolved. No bond is required for a TRO in a family case.

In Travis County, most divorces never need a separate TRO because the Travis County Standing Order applies automatically to every divorce and SAPCR filed there. The standing order, attached to each petition, prohibits both parties from disrupting the children, hiding or wasting property, harassing each other, and canceling insurance from the moment of filing. A separate TRO is sought when a spouse needs relief beyond the standing order, such as an order that a child not be removed from a particular school.

Why it matters in your case

The first days of a divorce are when money disappears and children get moved. A TRO or standing order freezes the board. Violating one is punishable by contempt and is strong evidence at the temporary orders hearing. Spouses who clear out a joint account the day after being served usually regret it in front of the associate judge two weeks later. Ordinary bills and living expenses continue; unusual transactions stop.

Frequently asked questions

What is the difference between a TRO and a protective order in Texas?

A TRO is a short civil order in a divorce or custody case that keeps property and children in place for up to 14 days without any finding of wrongdoing. A protective order requires proof of family violence, is issued under Title 4, can last two years or more, and carries criminal penalties for violation.

Can a TRO remove my spouse from our house?

Not by itself in most cases. Section 6.501(b) prohibits an ex parte TRO from excluding a spouse from the residence where that spouse was living, except through a protective order or after a hearing. Exclusive use of the home is normally decided at the temporary orders hearing.

Do I need a TRO if the Travis County Standing Order already applies?

Often not. The standing order already prohibits wasting assets, harassing conduct, and removing children from the area, and it binds both parties from filing. A separate TRO makes sense when you need something the standing order does not cover, such as protection of a specific account.

Cite or link to this definition

This glossary is free to cite. Please link to the page rather than copying the full entry, and send corrections to SMB Law, PC.

Citation

"Temporary Restraining Order (TRO)." Texas Legal Glossary, SMB Law, PC, law-smb.com/legal-glossary/temporary-restraining-order/. Updated October 2026.

Link HTML

<a href="https://law-smb.com/legal-glossary/temporary-restraining-order/">temporary restraining order (Texas)</a>

Talk to an Austin family law attorney

Questions about how temporary restraining order applies to your divorce or custody case? Call (512) 561-5003 or request a free consultation. SMB Law, PC has handled Travis, Williamson and Hays County family cases since 2010.

Learn more about how we handle these cases →

This entry explains Texas law in general terms and is not legal advice for any specific situation. Statutes and case law change; the date above reflects the last review.