Orders of Protection & Restraining Orders
Clients who require emergency protection often feel further threatened and intimidated by the legal process. Even the fundamental question of how to get a restraining order can seem overwhelming. We will take the time to answer all of your questions in a clear and straightforward way, and help you understand all of your options. We will then work with the courts to protect your safety and security.
If you are in a relationship in which you or your children are the victims of family violence, we will help you obtain a protective order or a temporary restraining order. Once the court has issued a protective order or restraining order on your behalf, violation of its conditions may result in civil and criminal penalties. We will assist you in filing for a protective order or restraining order and represent you throughout the process, to ensure that the court's orders are enforced and that your interests are protected.
At the Law Offices of Mark Morales and Associates, we offer experienced advocacy to our clients in need of emergency protection. We have worked within the Texas Family Courts on behalf of our clients, their children and their families. We use our knowledge of the law to help our clients and their families find protection and relief. It is our goal to make the legal system work to protect you.
If you believe that your safety or the safety of your children is being threatened, or if you are the victim of domestic abuse or family violence, contact us immediately to find out how we can help you.
Temporary Restraining Orders and other Temporary Orders
A temporary restraining order (TRO) is an order signed by a judge without notice or hearing. In the family-law context, temporary restraining orders are often granted in divorce cases, paternity cases, child-custody suits, and other suits affecting the parent-child relationship. The usual purpose of a TRO is to maintain the status quo--in other words, to "freeze" everything until a hearing can be held so that a judge can listen to evidence and make his or her decision.
A TRO can order parties not to destroy marital property, and can order a party not to remove a child from the child's current residence, school or day-care center. A TRO cannot exclude a spouse from the marital residence (except under special circumstances) or exclude a parent from possession of a child, or grant one spouse temporary custody of a child (except under very special circumstances).
The TRO is good for 14 days and can be extended an additional 14 days. Ordinarily, a hearing is scheduled during that time so that a judge can decide whether the TRO should be turned into a temporary injunction which will remain in effect until a final trial.
Temporary Orders (child support, spousal support, etc.)
Since a divorce can take several months or even longer to become final, temporary orders are often necessary whenever children or property are involved. Temporary orders in divorce cases usually provide for the temporary custody, support and visitation of the children. Temporary orders may provide for the temporary exclusive use of property by one spouse or the other, and may order one spouse to provide temporary spousal support to the other until the divorce is final. If one spouse is in control of substantially all of the community assets, that spouse may ordered to give his or her spouse money for attorney's fees, called interim attorney's fees.
Virtually anything can be the subject of a hearing on temporary orders, and you should always discuss with your attorney whether a TRO and/or a hearing on temporary orders is right for you.
If you want to know more about Texas laws concerning temporary restraining orders, protective orders, or temporary orders in divorces and paternity suits, you are invited to consult the Texas Family Code, which contains most of the laws which govern divorces and other family law matters in the State of Texas. However, you should not take any action based on the information you find on the site unless you have first received advice from an attorney of your choice.
