Getting a TRO Without Notifying the Other Side
An ex parte TRO is an emergency order a judge can grant without first notifying the person being restrained. It is the rare situation where a Texas court acts before hearing from both sides, because giving notice would let the harm happen before any hearing could be held.
Because it works before the other side is even heard, an ex parte TRO is also the most closely scrutinized order in Texas injunction practice. Courts grant them carefully, because the restrained party has had no chance to tell their side of the story.
We obtain ex parte TROs for clients in genuine emergencies. If your situation requires action today, call us now: 214-368-4686.
When Is an Ex Parte TRO Available?
An ex parte TRO is available only when two conditions are true at the same time.
The Harm Is Immediate and Irreparable
Something bad is happening now or is about to happen, and the damage it will cause cannot be undone with money. See our Types of Injury page for a fuller discussion of what qualifies.
The Harm Will Occur Before Notice Can Be Given
Even the short delay required to notify the other side and hold a hearing would be too long. By the time notice is served and a hearing is scheduled, the harmful act will already have occurred.
Both conditions have to be present. If the harm is serious but not truly immediate, the right path is a regular TRO application with notice to the other side.
Common Situations Where We Obtain Ex Parte TROs
An Employee Is About to Leave With Your Trade Secrets
You learned this morning that a key employee has spent the past week downloading your client database and proprietary files to a personal device. They resign this afternoon. By the time a noticed hearing could be held, the information will be in a competitor’s hands. This is a textbook ex parte situation.
A Business Partner Is Draining the Accounts Today
You discovered that your partner is wire-transferring company funds to a personal account. The transfers are happening right now, and the balance drops with each one. An ex parte TRO can freeze the transfers before the damage is complete.
Assets Are Being Sold or Destroyed Imminently
A debtor is liquidating collateral. A building is about to be demolished. A unique asset is about to be sold to a third party who has no notice of your claim. When the harm is hours or days away and genuinely irreversible, there may not be time for notice.
What the Affidavit Must Show
The application has to be supported by a sworn affidavit. For an ex parte application, that affidavit faces an extra layer of scrutiny, because it has to explain not just the harm but exactly why there is no time to give notice.
Personal Knowledge Is Required
The person signing the affidavit has to personally know the facts. It cannot be based on what someone was told or what they assume. If the key facts are known by an employee rather than the owner, that employee should sign.
Specific Facts, Not General Statements
The affidavit has to describe the specific conduct, when it is happening, what will be lost, and why money cannot fix it. Vague statements about potential harm get the application denied.
An Explanation of the True Emergency
The judge needs to understand specifically why this cannot wait even long enough to give notice to the other side. This is the question that distinguishes a genuine ex parte situation from one where notice is simply inconvenient.
How Fast Can This Actually Happen?
In a real emergency with the right facts and a properly prepared application, we can obtain a TRO the same day.
Here is how it goes. You call us with a genuine emergency, and we assess the facts quickly. If the situation supports ex parte relief, we draft the petition and affidavit right away, prepare a proposed order, and arrange the bond. Then we present the application to a judge, and if the judge is satisfied, the order is signed.
In Dallas district courts, where judges understand commercial emergency practice, this sequence can happen in a single day. Not every situation qualifies, and not every day runs this smoothly. But when the facts support it, we move as fast as the situation requires.
What Happens After the Ex Parte TRO Is Granted
The TRO lasts at most 14 days, and several things happen during that window.
The TRO is served on the restrained party. From the moment they have actual notice, they are bound, and any violation is contempt.
The temporary injunction hearing is scheduled as quickly as possible. This is a full adversarial hearing where the restrained party gets to appear and respond.
The restrained party has the right to move for immediate dissolution on two days’ notice. This is their procedural opportunity to challenge the order before the full hearing.
We use the 14-day window to gather additional evidence, prepare our witnesses, and position our client for the temporary injunction hearing.
Frequently Asked Questions About Ex Parte TROs
What happens to the other side's rights when I get an ex parte TRO?
The restrained party receives notice when the TRO is served and has the immediate right to move for dissolution on two days' notice. The temporary injunction hearing must be held within the 14-day period. These procedural protections ensure the ex parte procedure stays temporary.
What if the judge denies the ex parte application?
A denial does not end your options. You can still pursue a TRO with notice to the other side, or prepare a stronger affidavit and reapply. Denial is often based on an insufficiency in the affidavit that can be corrected.
Is it risky to seek an ex parte TRO I am not entitled to?
Yes. If you obtain an ex parte TRO and the court later determines it was wrongly granted, you face liability on the bond you posted. And a TRO obtained through misleading affidavits can harm your credibility at the temporary injunction hearing. We advise clients honestly about whether the facts support ex parte relief.
What if the emergency develops on a weekend?
Call us. Our email is checked frequently on weekends, and true emergencies do not wait for Monday. We have handled weekend emergency TRO applications before.