Frequently Asked Questions

A Temporary Restraining Order is emergency relief lasting up to 14 days, often granted without notice to the other side. A Temporary Injunction comes after a full hearing with both sides present and lasts until the trial on the merits. A Permanent Injunction is entered after the trial itself and has no expiration date. All three are court orders compelling someone to act, or stop acting, in a specific way.

TROs are used to freeze a situation before it becomes worse. Common uses include stopping a former employee from contacting your clients in violation of a non-compete, stopping a business partner or debtor from transferring assets out of reach, stopping the disclosure of trade secrets, and stopping irreversible damage to property. If the harm is imminent and money alone cannot fix it, a TRO is often the right first move.

No. A TRO or temporary injunction is a preliminary measure, not a final ruling. The court is only saying that one side has shown a reasonable probability of prevailing, not that they have actually prevailed. The trial is where the case is decided on the merits.

The governing rules, Texas Rules of Civil Procedure 680-693 and Chapter 65 of the Texas Civil Practice and Remedies Code, apply in all Texas district courts and county courts at law with civil jurisdiction. Individual courts may have local rules affecting how hearings are scheduled, the format of applications, and related procedures. Your attorney should know the local rules of the specific court where your case will be filed.

In a genuine emergency with the right facts, a TRO can be obtained the same day you file suit, sometimes within hours. We have done it. The key is a detailed, specific, sworn affidavit based on personal knowledge showing immediate and irreparable injury before notice can be served. If you have an emergency today, call us today.

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.

You must show all five of the following: a real underlying claim on which a court could grant permanent relief, a reasonable likelihood of winning that claim, harm that is imminent, harm that is irreparable, and no adequate remedy through money damages alone. A Texas court may also weigh the balance of equities and the public interest, but those are discretionary considerations rather than elements you are required to prove. See our Injunction Basics page for a full discussion.

Yes. This is called an ex parte TRO. It requires a sworn affidavit showing that even the short delay to give notice would cause irreparable harm. Courts scrutinize this requirement carefully. See our Ex Parte TROs page.

Before any TRO or temporary injunction takes effect, the applicant must post a security bond with the court. A TRO without a bond is void, with no legal force, even if the judge signed it. The bond protects the restrained party: if the TRO is later dissolved, they can recover their actual damages from it. The amount is set by the judge. See our Bond Requirement page.

Bond amounts vary widely depending on the potential damages to the restrained party. In smaller cases, a few thousand dollars. In cases involving major assets or business operations, the bond can be much higher. Your attorney will advise you on the likely range based on your specific situation.

A TRO in Texas lasts a maximum of 14 calendar days from when the judge signs it. The court may extend it for one additional 14-day period for good cause. The extension must be in writing. Oral extensions are void. After 14 days (or 28 with a single extension), either a temporary injunction hearing must be held or the TRO is dissolved.

Call a lawyer today, not tomorrow. Read the order carefully to understand exactly what you are prohibited from doing. Do not violate the order even if you believe it is wrong. Your remedy is to challenge it legally. See our Defending Against a TRO page.

No. A TRO granted without notice was based only on one side's story. The judge has not heard your side. The temporary injunction hearing is where both sides are heard for the first time.

Yes. On two days' notice to the other side, you can ask the court to dissolve or modify the TRO. The court must hear that motion promptly. Grounds include: the bond was not posted (making the TRO void), the order is too vague to be enforceable, the affidavit is based on hearsay rather than personal knowledge, or there is no actual emergency justifying the ex parte procedure.

A TRO or injunction that does not specifically describe the prohibited conduct, in its own terms, not by reference to the petition, is legally defective and unenforceable. A void order cannot support a contempt proceeding. Raise this with your attorney immediately.

Yes. A temporary injunction is immediately appealable. However, filing an appeal does not automatically stop the injunction from being enforced. You need to separately obtain a stay order for that. And the underlying trial proceeds on schedule regardless of the appeal. See our Appealing a Temporary Injunction page.

Violation of a TRO or injunction is contempt of court. The judge can issue an arrest warrant and commit the violating party to jail without bail until the contempt is purged. This is not theoretical. See our Contempt of Court page.

A TRO and injunction bind not only the named party but also their officers, agents, employees, attorneys, and all persons acting in active concert with them who have notice of the order. Having someone else do the prohibited act is still contempt.

It means doing whatever the court requires to demonstrate that you are in compliance: ceasing the prohibited conduct, returning property, providing documentation of compliance, or whatever else the court directs. Until you do it, you remain subject to detention.

A TRO can stop active non-compete violations. We need to assess the enforceability of the agreement and what the employee is specifically doing. In an active violation, we can often seek an emergency TRO the same day. See our Non-Compete Injunctions page.

Trade secret misappropriation is one of the clearest cases for emergency injunctive relief. We may be able to get a TRO the same day prohibiting use and disclosure of the information and requiring preservation of all evidence. You do not need a non-compete agreement to pursue this. See our Trade Secret Injunctions page.

An asset freeze TRO can stop the transfers immediately. We need to know what specific transfers are occurring and what evidence you have. Every hour matters in asset dissipation cases. Call us now. See our Asset Freeze Injunctions page.

More than twenty years. TRO and injunction practice is not a sideline for us. We represent both parties seeking emergency relief and parties defending against injunctions. We know both sides of these cases.

6688 North Central Expressway, Suite 1000, Dallas, Texas 75206, near Lovers Lane and Central Expressway. We handle cases throughout the Dallas-Fort Worth Metroplex and throughout Texas.

Our email is checked constantly during the week and frequently on weekends. If you have an emergency, call. Do not only email. 214-368-4686. If your situation is urgent, say so.