Dallas Injunction Lawyer: Using the Texas TRO/Injunction Process to Protect Clients’ Rights
Do you need to stop someone from violating a legal right of yours? Has someone served you with a TRO or an injunction?
An injunction, or TRO, is a type of court order known as an “equitable remedy.” It is designed to give you relief against the violation or threatened violation of your rights when other remedies are inadequate. Sometimes a court grants an injunction simply because it is the right thing to do to keep a situation from changing. We once obtained one for a lender, for instance, to stop a business owner from selling the assets that were collateral for the loan. An injunction can also keep someone from violating a law, and it is normally used to prevent someone from taking a specific action.
Although we frequently seek Temporary Restraining Orders and Temporary Injunctions, we also defend against them for many of our clients. We can help you whether you are seeking a TRO or defending against one.
There is a great deal of information about Temporary Restraining Orders and Temporary Injunctions on this site. Our goal is for these pages to be a resource our clients and friends can reference quickly. They are not a substitute for an attorney or for legal advice, but they are meant to be genuinely useful background. If there is a topic you would like to see covered here, contact us and we will add it.
We are Dallas lawyers and attorneys located near Lovers Lane and Central Expressway. Our email is checked constantly during the week and frequently during the weekend.
The Three Types of Injunctive Relief in Texas
Texas courts issue three distinct forms of injunctive relief, and the difference between them matters for your situation.
Temporary Restraining Order (TRO)
A TRO is emergency relief. It can be granted the same day you file suit, sometimes within hours, and it can be issued without notifying the other side when the facts call for it. A TRO is designed to freeze the situation while the court schedules a proper hearing, and it is effective for up to 14 calendar days.
Temporary Injunction
A temporary injunction comes after a full evidentiary hearing with both sides present. It remains in place from the date of the hearing until the underlying case is resolved at trial.
Permanent Injunction
A permanent injunction is entered after the trial on the merits. It has no built-in expiration date and remains in force until a court modifies or dissolves it.
What You Must Show to Get a TRO or Temporary Injunction
To win a TRO or Temporary Injunction, you must establish each of the following.
A Real Underlying Claim
You must have a cause of action against the defendant, meaning a legitimate legal claim on which a court could grant permanent relief at the end of the case.
A Probable Right to Win the Underlying Lawsuit
You must show a reasonable likelihood that you will succeed at trial. You do not have to prove your case at this stage, but you do need a real claim grounded in specific facts.
That the Harm Is Imminent
The harm must be happening now or about to happen. A speculative future harm will not support emergency relief.
That the Harm Is Irreparable
The harm must be the kind that money alone cannot adequately fix. Lost customer relationships, disclosed trade secrets, and dissipated assets often qualify. A harm that can be fully compensated by a check after trial usually does not.
That No Adequate Legal Remedy Exists
You must show that suing for money damages would not give you complete relief. A theoretical damages claim is not enough on its own; the legal remedy has to be as practical and efficient as the equitable one. Texas courts treat this as part of the irreparable-injury question rather than as a separate hurdle.
What Else a Texas Court May Weigh
These are not elements you are required to prove in a Texas court. They are considerations that influence how a judge exercises discretion, and a well-prepared application addresses them.
The Balance of Equities
The court may weigh the harm to you against the harm the injunction would impose on the other side. Your attorney should address this balance directly, not just argue your own harm.
The Public Interest
In most private business disputes this is neutral. In cases involving businesses that serve the public, it can matter.
Common Situations Where Injunctions Are Used in Texas
Former Employees Violating Non-Compete Agreements
A former employee who keeps contacting your clients in violation of a signed agreement does harm that builds day by day and cannot be fully undone. A TRO can stop the violation before the damage becomes permanent. See our Non-Compete Injunctions page.
Trade Secret and Confidential Information Theft
When an employee takes your client list, pricing data, proprietary processes, or software on the way out the door, no amount of money can make that information secret again. Once it is in a competitor’s hands, a lawsuit after the fact cannot put it back. See our Trade Secret Injunctions page.
Stopping Asset Dissipation
A business partner moving money out of reach before a judgment can be entered leaves the assets disappearing while you wait. We have obtained orders freezing accounts and prohibiting transfers pending final judgment. See our Asset Freeze Injunctions page.
Business Partner Disputes
When one partner is looting the business, diverting customers, or taking unilateral actions that will cause irreversible harm, an injunction is often the only remedy that works right now.
Real Property and Construction Disputes
Courts can enjoin trespass, construction that violates deed restrictions, and activities threatening irreversible damage to real property, including the destruction of natural resources that cannot be replaced.
We Also Defend Against TROs
Being served with a TRO does not mean you have lost. A TRO obtained without your knowledge was based entirely on the other side’s version of events. You have the right to challenge it immediately, on as little as two days’ notice, and the right to a full evidentiary hearing before any temporary injunction is entered.
Many TROs do not survive the temporary injunction hearing when the evidence is tested under adversarial conditions.
If you have been served with a TRO, call us the same day. Time matters. See our Defending Against a TRO page.
Frequently Asked Questions
What is the difference between a TRO and an injunction?
A TRO is short-term emergency relief lasting up to 14 days, often granted without notice to the other side. A temporary injunction follows after a hearing with both sides present and lasts until trial. A permanent injunction is a final post-trial order with no expiration date. All three are court orders compelling someone to act, or stop acting, in a specific way.
How fast can a TRO be obtained in Texas?
In a true emergency, a TRO can be obtained the same day you file suit. We have done it. The key is a detailed sworn affidavit based on personal knowledge showing specific facts, not conclusions, establishing immediate and irreparable injury before notice can be given.
Do I have to file a lawsuit to get a TRO?
Yes. A TRO is relief within a civil lawsuit. You cannot obtain one as a standalone order. However, the lawsuit and the TRO application are filed simultaneously, and the TRO can be presented to the judge the same day.
Does receiving a TRO mean the judge thinks I did something wrong?
No. A TRO granted without notice was based only on one side of the story. The judge has not heard your side. You have the right to challenge it immediately and the right to a full hearing.
What is the bond?
Before any TRO or temporary injunction takes effect, the applicant must post a security bond with the court. A TRO issued without a bond is void. It has no legal force even if a judge signed it. The bond protects the restrained party: if the TRO is later dissolved, they can recover their actual damages from it.
I was just served with a TRO this morning. Can you help?
Yes. Call us immediately. TRO defense is an emergency and we treat it that way. See our Defending Against a TRO page.