Dallas Restraining Order Attorney — Same-Day Court Filings
In Texas, a "restraining order" can refer to a Temporary Restraining Order (T.R.C.P. 680), a Standing Order that automatically issues in every divorce, a Kick-Out Order (Tex. Fam. Code §6.501), or a Protective Order (Chapters 71/85). Each has a different purpose, standard, and duration. Garcia-Windsor, P.C. files the correct order — usually the same day — in the appropriate Dallas County district court.
The Four Kinds of Restraining Orders in Texas
**Temporary Restraining Order (TRO)** under T.R.C.P. 680 — an ex parte civil order used in divorce to prevent asset dissipation, harassment, or harm to children. Lasts 14 days (renewable once); a temporary-injunction hearing is set within that window.
**Standing Orders** — Dallas County has adopted a set of Standing Orders that take effect automatically the moment a divorce or SAPCR petition is filed. They restrain both parties from moving the children out of Texas, changing insurance, hiding assets, or harassing the other spouse.
**Kick-Out Order** under Tex. Fam. Code §6.501 — orders one spouse to vacate the marital residence during pending litigation. Requires a finding that the other spouse has caused or threatened physical or emotional harm.
**Protective Order** under Chapters 71/85 — a stronger, family-violence-specific order (covered on our Domestic Violence page). Enforced by criminal law under Tex. Penal Code §25.07.
What Texas Law Says About TROs
A TRO under T.R.C.P. 680 requires (a) a verified pleading or affidavit specifically stating why the injury is irreparable and immediate, (b) a bond in an amount fixed by the court unless the applicant is a divorce party (§6.503 typically waives bond in divorce), and (c) issuance of a temporary-injunction hearing date within 14 days.
The TRO is issued ex parte — without notice to the respondent — precisely because notice would defeat its purpose (a spouse warned that their assets are about to be frozen has time to move them). The respondent is entitled to a hearing within 14 days to contest continuation as a temporary injunction.
A temporary injunction, granted after the hearing, lasts through final judgment. Violation of either a TRO or an injunction is contempt of court, punishable by fines and jail up to six months (Tex. Gov't Code §21.002).
Our Bilingual Approach at Garcia-Windsor, P.C.
At Garcia-Windsor, P.C., every restraining orders case is led personally by founding attorney Isabela A. Garcia. Isabela is Board of Legal Specialization-eligible family law counsel, a Super Lawyers Rising Star for family law in Dallas, and one of the Top 50 Women Leaders in Texas. She serves as the exclusive consulting attorney for the Mexican Consulate General of Dallas through the PALE program (Programa de Asistencia Jurídica a Personas Mexicanas).
We are fully bilingual — English and Spanish — from the first phone call through the final decree. That matters when a spouse, child, or key document lives on the other side of the border. Our office is in the Bishop Arts District at 1015 N Bishop Ave, Dallas, TX 75208; consultations are free and we respond to every inquiry within one business day.
We represent clients across Dallas County, Tarrant County, Collin County, Denton County, Ellis County, Kaufman County, and Rockwall County and appear regularly in the 254th, 255th, 256th, 301st, 302nd, 303rd, 304th, and 305th Judicial District Courts of Dallas County, filed through the Dallas County District Clerk at the George Allen Sr. Courts Building, 600 Commerce Street, Dallas, TX 75202.
When Each Order Is the Right Tool
**Use a TRO** to prevent your spouse from selling stock, withdrawing from a joint account, or moving business inventory. The order can also enjoin harassment, communication with the children's school, or interfering with employment.
**Rely on Standing Orders** for the basics — no need to file a separate TRO in Dallas County for the routine "don't hide assets, don't move the kids" prohibitions. Standing Orders are attached to every filed case packet.
**Seek a Kick-Out Order** when there is a hostile living situation but not the level of violence required for a Protective Order — for example, continued verbal abuse or property destruction.
**File a Protective Order** whenever the concern is physical or sexual violence or a credible threat of it. A Protective Order carries criminal enforcement — police will arrest for violation.
Filing a Same-Day Restraining Order in Dallas
Isabela handles TRO applications personally. In most cases we can draft the verified petition, secure the client's supporting affidavit, and present it to the assigned district court the same business day the engagement letter is signed.
The court can hear the ex parte application in chambers and sign the order immediately. The order is then served on the respondent by constable or private process server, and the temporary-injunction hearing is set within 14 days.
In genuine emergencies — a spouse actively fleeing with children, an immediate threat to physical safety — we coordinate with law enforcement and, if appropriate, seek both a TRO and a Protective Order in parallel.
Call — Same Day
If you need a restraining order today, call 214-466-6699. Consultations are free and bilingual. For after-hours emergencies and imminent physical danger, call 911 first.
Frequently Asked Questions
How fast can I get a restraining order in Dallas?
A Temporary Restraining Order under T.R.C.P. 680 can be signed by the assigned district judge the same business day the verified petition is filed.
How long does a TRO last?
A TRO lasts 14 days (renewable once for a total of 28 days). Before it expires, a temporary-injunction hearing is held to decide whether the restraint continues through the case.
What is the difference between a restraining order and a protective order?
A restraining order (TRO) is a civil injunction issued for a wide range of purposes — asset preservation, harassment, business interference. A protective order (Ch. 71/85) is family-violence-specific, carries criminal penalties for violation, and requires a finding of violence or credible threat.
Do I need a lawyer to get a TRO?
Legally no — but TROs require a verified pleading with specific factual allegations, and defective verification is the #1 reason ex parte relief is denied. Working with counsel dramatically increases success.
What is a Standing Order in Dallas County?
Dallas County Standing Orders take effect automatically when a divorce or SAPCR is filed and restrain both parties from moving children out of Texas, hiding assets, changing insurance, or harassing the other party.
Can a restraining order kick my spouse out of the house?
A TRO alone typically cannot. A Kick-Out Order under Tex. Fam. Code §6.501 is the specific tool for that — requires a finding of physical or emotional harm.
What happens if my spouse violates the TRO?
Violation of a TRO or temporary injunction is contempt of court, punishable by fines and up to six months in jail (Tex. Gov't Code §21.002).
Do I need to be in danger to get a restraining order?
For a TRO, the standard is "imminent irreparable injury," which does not require physical danger — asset dissipation, business harm, or harassment can qualify. For a Protective Order, family violence or credible threat of violence is required.
Ready to discuss your restraining orders case?
Call our Dallas office at 214-466-6699 or request a free consultation online.