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Dallas Divorce Attorneys, Mark Nacol and Julian Nacol
Based in Dallas, Texas, the Nacol Law Firm PC, traces its roots to the firm of Mark A. Nacol and Associates PC, established in 1979. The Nacol Law Firm team shares its experience on a variety of legal topics here. See our recent posts below.
What is a Temporary Restraining Order (TRO) and What Does it Do?
A temporary restraining order, commonly known as a “TRO” is used in family law to place injunctions without a full hearing on one or both parties. These injunctions prohibit specific actions that could endanger or prove damaging to the property in a divorce or the children of a divorce. You should have an idea on what the process entails.
A TRO is governed by Texas Rules of Civil Procedure Rule 680 and Texas Family Code § 6.501. If your spouse wishes to file a TRO that immediately excludes you from possession of or access to your children, a notice of this hearing must be given to you prior to the court date. The only exception to this is an Ex-Parte meeting with the judge, which means that only your spouse or her attorney will be present at the preliminary hearing. The judge may order a TRO Ex-Parte only if the TRO clearly demonstrates from specific facts shown by affidavit or by a verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant or children before notice can be served and an actual hearing.
If you are on the receiving end of TRO and it prohibits you from access to your children, there are some things to keep in mind.
First: a TRO has a time limit, which is 14 days. After 14 days the TRO may be extended by a judge only once for an additional 14 days. Thus at most this TRO may only last 28 days’ absent agreement to an additional extension. A Judge does have the discretion to extend the TRO more than once if it is uncontested (you do nothing or do not appear).
Second: A TRO is NOT a Protective Order. This means that the police cannot kick you out of your house or forcibly arrest you for violating a TRO, absent any related criminal conduct. There are consequences for violating the TRO but not criminal consequence. You may be found in contempt of court by the Judge who ordered the TRO and forced to pay fines or be held to more severe sanctions. Violations will not be good for your case if you intentionally violate.
Third: A TRO must have a signed and notarized Affidavit or a verified pleading attached to the motion. If the opposing counsel did not follow these procedures the order may upon motion to dissolve be found void due to violation of the Texas Rules of Civil Procedure.
Fourth: You cannot practically appeal a TRO because it may only last for at most 28 days, if contested. Once you are served with the Ex-Parte TRO, you may request a motion to modify or dissolve the TRO after giving your spouse 48-hour notice and seek attorney fees if the filing was false or frivolous.
TRO’s are civil injunctions that are usually given without notice only if immediate and irreparable injury, loss, or damage will happen. The proof rules are more relaxed in Family Law Cases. Specific TRO procedures can differ in all counties and in different courts so make sure the check online the rules of each specific jurisdiction.
TRO’s only last 14 days and cannot be enforced by police officers, absent related criminal activity. Do not be distressed if you are served a TRO one day while you are battling your spouse for child custody or property. Take a deep breath call your attorney and set a hearing to modify, vacate or dissolve the TRO.
Many counties have standing orders that issue and are effective as to both parties upon the filing of a Family Law Proceeding. Read such mandatory orders before you file your case.
Texas Domestic Violence and The Battered Family
The serious increase of family domestic violence is becoming an epidemic in the Unites States.
Some Appalling facts:
- Every 9 seconds in the US, a woman is assaulted or beaten.
- Domestic Violence is the leading cause of injury to women: more than car accidents, mugging and rapes combined.
- 1 in 4 women have been the victim of severe physical violence by an intimate partner while 1 in 7 men experience severe physical violence by an intimate partner.
- Approximately 15 million children have witnessed some form of domestic violence in the past year..
Texas Domestic Violence Statistics from the Texas Council on Family Violence:
- Texas generates the second highest call volume to the National Domestic Violence Hotline behind California.
- HHSC estimates that 1,130,164 Texas women were battered in 2008.
- 74% of all Texans have either themselves, a family member and/ or a friend experienced some form of domestic violence.
- 47% of all Texans report having personal experience at least one form of domestic violence, severe (physical or sexual), verbal or forced isolation from friends and family at some point in their lifetime.
But most important of all….
73% of all Texans believe that domestic violence is a serious problem in Texas and 60% believe that Texas does not do enough to help survivors and their families!
What are the warning signs of Domestic Violence and do you have any friends or family members showing some of these warning signs?
1. Multiple Injuries and Excuses: the victim has many bruises and elaborate stories about being clumsy to avoid embarrassment.
2. Frequent Absence from Work or School: Visible injury or bruising keeps the victim away from work or school. Also the victim may need to care for themselves, sleep or recuperate from the incident when the abuser is away.
3. Lack of Self- Esteem: Many victims feel they can’t make it alone or they are better off with the abuser as part of their life.
4. Personality Changes: A very outgoing person becoming quite and shy around their abuser. It is much easier to change habits around the abuser than to go through accusations that can escalate to physical violence.
5. Fear of Conflict: Many battered victim show a sense of powerlessness with their other relationships. They tend to get victimized with almost everyone around them. “An easy mark”!
6. Passive-Aggressive Behavior: Victims will many times say one thing and then express anger or frustration in an aggressive manner.
7. Self-Blame: If a person is taking all the blame for things that go wrong in their surrounding environment, this person is probably experiencing emotional abuse at home. An abuser excels in constantly telling the victim that he/she is always “wrong”.
8. Isolation and Control: Adults who are abused are often isolated. This isolation makes the abuser the center of the victim’s universe and purposefully limits the victim’s access to others for total control.
9. Stress-Related Problems: depression, frequent illness, chronic headaches, problems sleeping?
If you do have someone close to you having some of these problems and you suspect domestic violence, please try to get this person immediate help! Many times only a friend or family member can get the victim to go for help!
With Domestic Violence being one of the most chronically under-reported crimes in the United States, what can victims do to help themselves and other family members break free of this abuse?
The legal system can offer some protection from family violence through the use of a Protective Order. A Protective Order is a civil court order that is designed to restrain an abuser from continuing acts of violence and threatening, harassing, or stalking conduct. All victims of family violence are eligible for a Protective Order. A court shall render a protective order if it finds that family violence has occurred and is likely to occur in the future. A victim’s testimony about family violence may be enough to obtain a protective order, without other documents such as police reports.
Statistics obtained from:
Texas Council on Family Violence
National Center on Domestic and Sexual Violence
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Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization