Temporary Restraining Orders in Texas Custody Cases

Last updated: July 28, 2026

A temporary restraining order is a short-term order a Texas court can issue at the very start of a SAPCR, sometimes without the other parent present. It is authorized by Texas Family Code § 105.001 and governed procedurally by Texas Rule of Civil Procedure 680.

Two facts about a TRO tend to get lost. First, it can be granted before you have any chance to respond. Second, it expires almost immediately — its purpose is to hold a situation still just long enough to get everyone into a courtroom.

What a TRO Can Order

In a custody case, a TRO typically restrains one or both parents from conduct such as:

• Removing the child from a specified geographic area, or from the state
• Disturbing the peace of the child or the other party
• Hiding or concealing the child from the other parent
• Withdrawing the child from school or daycare
• Disposing of, transferring, or hiding property
• Canceling insurance covering the child

Under § 105.001(b), a temporary restraining order or an order for attachment of the child may be granted without notice to the opposing party. That is the provision that makes a TRO "ex parte" — one side, no hearing.

The 14-Day Limit

Rule 680 constrains what that power costs the other side. A TRO granted without notice:

• Must state why it was granted without notice
• Must define the injury and state why it is irreparable
• Expires by its terms within a period not to exceed 14 days
• May be extended once for a like period, or longer if the restrained party consents
• Must set the application for temporary injunction for hearing at the earliest possible date

So an ex parte TRO is not a way to obtain a lasting arrangement. It buys days. The order that actually governs the case while it is pending is the temporary order entered after a hearing where both parents appear.

The Verification Requirement

Section 105.001(c) provides that, except on a verified pleading or an affidavit complying with the Texas Rules of Civil Procedure, the court may not render several categories of order under § 105.001(a), including orders for temporary support, orders restraining a party's conduct, and orders prohibiting removal of the child.

Rule 682 separately requires that an application for injunctive relief be supported by an affidavit or verified petition setting out the specific facts. Sworn allegations, not argument, are what carry an ex parte application.

TRO Versus Protective Order: A Distinction That Matters

These are routinely confused, and the consequences differ enormously.

If you are in danger, a TRO is not the right tool. Contact the National Domestic Violence Hotline at 1-800-799-7233, or see the resources directory for Texas-specific help with protective orders.

Standing Orders Have Replaced TROs in Many Counties

Harris, Dallas, Travis and a number of other counties have adopted standing orders that apply automatically to both parties in every family law case at filing. They contain much of what a routine TRO used to contain — no removing the child from the state, no disrupting school enrollment, no canceling insurance, no disparaging the other parent to the child.

Because a standing order applies to both sides equally and requires no application, its existence means an actual TRO in those counties usually signals a specific, contested request rather than boilerplate. Check your county district clerk's website for the current standing order text.

If You Have Been Served With a TRO

1. Find the hearing date. Rule 680 requires the order to set the temporary injunction hearing at the earliest possible date. Calendar it.
2. Comply with the order even if the allegations are false. Violating it undermines your position at the hearing far more than the underlying allegation does.
3. Note the separate answer deadline. The TRO hearing is not the same as your deadline to file a written answer to the petition, which is generally by 10:00 a.m. on the first Monday after 20 days from service. Missing that deadline exposes you to a default judgment no matter how the TRO turns out. See the response checklist.
4. Gather documentary evidence responding to the specific sworn allegations, not general character evidence.
5. Get the full court file from the district clerk, including the verified petition or affidavit that supported the TRO.

When You Were Never Notified at All

An ex parte TRO is designed to be followed within days by a hearing you attend. That design fails completely if you are never served. If you learned about a restraining order or the case behind it long after the fact, the service record is the place to start: whether a return of service was filed, and what address appears on any Certificate of Last Known Address. This site exists because of a case where that record did not hold up. See the case study.

Frequently Asked Questions

How long does a TRO last in a Texas custody case?

Under Rule 680, a TRO granted without notice expires within a period not to exceed 14 days. It may be extended once for a like period, or longer with the restrained party's consent.

Is a TRO the same as a protective order?

No. A protective order requires a finding of family violence, can last two years or more, is criminally enforceable, and appears in law enforcement databases. A TRO is a short civil order restraining conduct while a suit is pending.

Can a TRO take my children away without a hearing?

A TRO can prohibit removing a child from an area and can restrain conduct, and § 105.001(b) allows an order for attachment of the child without notice. But the order expires within days and a hearing follows. Primary custody is decided at the temporary orders hearing, not by an expiring ex parte order.

Do I need a bond for a TRO?

Rule 684 generally requires the applicant to post a bond before a restraining order issues. Courts sometimes set a nominal amount in family cases, and in some circumstances the requirement is waived.

Can I get a TRO against the other parent?

Yes, through a verified pleading or supporting affidavit setting out specific facts showing immediate and irreparable injury. Generalized concern will not support ex parte relief. If the facts involve family violence, discuss a protective order instead — it is the stronger and more appropriate remedy.