San Antonio Temporary Restraining Order Attorneys
Fighting to Protect You & Your Rights
If you are currently experiencing domestic violence, you can contact the National Domestic Violence Hotline 24/7 by calling 1-800-799-7233 or texting 1-800-787-3224. You may also find this list of domestic violence resources in San Antonio helpful. Stay safe.
Filing for a temporary restraining order (TRO) can enable an individual currently suffering from domestic violence to obtain the legal protection they need to handle their case and take action against an abuser. At The Law Office of Derek S. Ritchie, PLLC, we help clients file for and obtain TROs.
What Can a TRO Do for Me?
Temporary restraining orders can contain a number of orders for an alleged abuser, including forcing them to:
- Stop committing acts of abuse (physical or emotion) toward you or other family members;
- Cease all communication with you and other family members by any means;
- Stay a certain distance from you, your family members, and places you or your family regularly attend;
- Leave a residence you share until they attend a court hearing;
- Lose custody of a child involved in the case;
- Pay child support while the case is ongoing;
- Relinquish weapons such as firearms until the case concludes;
- Remain a certain distance from pets or other companions.
Temporary restraining orders are incredibly useful tools for individuals suffering from domestic violence, parents who fear another caretaker may harm their child, and other individuals who require protection from an alleged abuser.
How Do I Get a Temporary Restraining Order in Texas?
You can file for a TRO if another individual commits an act of family or dating violence, or you have reason to suspect they could commit such an act in the immediate future.
If an act or threat causes or makes an individual reasonably fear:
- Physical harm;
- Bodily injury, or;
- Physical or sexual assault;
You may be eligible to file for a TRO. You can also file for a TRO if you believe an individual has committed an act of violence against a child, such as harming them, verbally or sexually abusing them, etc.
To obtain a TRO, you must file an application for one with a court. You should file with the court in the county where you reside, or in a county where you have a pending divorce or child custody (conservatorship) case.
You can either choose to have an attorney help you file for the order or file by yourself with a pro se application. Generally, having an attorney represent you makes the process easier and takes the legal burden off your shoulders. You can file for a TRO ex parte, meaning the other party doesn’t necessarily need to be present as you file.
Once you file your petition for a TRO, a judge will review it. If the judge approves the TRO, the court clerk will arrange to serve the other party with a notice of the TRO.
After establishing the TRO, the judge will set a date for an official court hearing. At this hearing, both parties present evidence supporting their cases. The court uses this hearing to determine whether a more permanent protective order should be issued.
Generally, TROs only last for a set amount of time. However, the length of a TRO can be extended if the alleged abuser fails to appear for the court hearing or the court needs to reschedule.
At The Law Office of Derek S. Ritchie, PLLC, we'll fight to protect you and your interests during a TRO case. You can trust our San Antonio TRO lawyer to defend your rights.