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Temporary Restraining Orders

Smith & Garg - North Houston Attorneys

After the Original Petition has been filed and many times simultaneously with the Original Petition, something called Temporary restraining Orders (TRO) are filed.  These orders are very common and should not offend you if they are filed.  They are generally automatic and are done outside the presence of the respondent.  The TRO's are generally meant to keep the parties from engaging in conduct which is counter-productive to the divorce process or to prevent the parties from squandering community property assets.  The generally accepted temporary restraining orders are as follows:

1. Intentionally communicating by telephone or in writing with the other party by use of vulgar, profane, obscene, or indecent language or in a course or offensive manner, with the intent to annoy or alarm the other;
2. Threatening the other, by telephone or in writing, to take unlawful action against any person, intending by this action to annoy or alarm the other;
3. Placing a telephone call, anonymously, at an unreasonable hour, in an offensive and repetitious manner, or without a legitimate purpose of communication with the intent to annoy or alarm the other;
4. Intentionally, knowingly, or recklessly causing bodily injury to the other or to a child of either party;
5. Threatening the other or a child or either party with imminent bodily injury;
6. Intentionally, knowingly, or recklessly destroying, removing, concealing, encumbering, transferring, or otherwise harming or reducing the value of the property of the parties or of either party with intent to obstruct the authority of the court to order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage;
7. Intentionally falsifying a writing or record relating to the property of either party;
8. Intentionally misrepresenting or refusing to disclose to the other party or to the court, on proper request, the existence, amount, or location of any property of the parties or either party;
9. Intentionally or knowingly damaging or destroying the tangible property of the parties or either party; or,
10. Intentionally or knowingly tampering with the tangible property of the parties or of either party and causing pecuniary loss or substantial inconvenience to the other.

It is important to remember that these TRO's are normal and are done as a matter of course.  They should not be taken personally.  There are, however, certain things TRO’s cannot prohibit.  For instance TRO's cannot exclude a spouse, absent abuse, from occupancy of the residence where that spouse is living except as provided in a protective order.  Further, a TRO cannot prohibit a party from spending funds from reasonable or necessary living expenses or prohibit a party from engaging in acts reasonable and necessary to conduct that party's usual businesses and occupation.