How the Texas Injunction Process Works
The first step in obtaining an injunction is usually to file suit in the county where you need the relief. That petition has to be backed by sworn testimony, either an affidavit or a verification.
Your lawyer then approaches the court, often without the defendant or their attorney present, and asks for a Temporary Restraining Order (a TRO) to protect your interests from further harm.
If the judge grants the request, she sets a bond amount that you have to post before the TRO takes effect. Until the bond is posted, no one is bound by the order.
The Five Things You Must Prove
To win a TRO or a temporary injunction in Texas, the plaintiff has to establish all five of these elements.
1. A right to some form of permanent relief
You have to show that the underlying claim is real, meaning a court could grant some form of permanent relief at the end of the case. You are not proving you will win. You do need a legitimate, cognizable legal claim.
2. A likelihood of winning the lawsuit
The court needs to see a reasonable probability that you will prevail at trial. This is a preliminary showing rather than full proof, but it still has to rest on specific facts instead of speculation.
3. Harm that is imminent
The harm you are complaining about must be happening now or about to happen. A speculative or far-off future harm will not justify emergency intervention.
4. Harm that is irreparable
You also have to show the harm is the kind that money cannot adequately fix. Irreparable injury means either that the plaintiff cannot be compensated adequately in money, or that the amount owed cannot be measured by any reliable standard.
Lost customer relationships, leaked trade secrets, destroyed assets, and permanent damage to property often qualify. A harm that a damages award can fully address usually does not. Our Types of Injury page covers this in more detail.
5. No other adequate legal remedy
Finally, you must show that suing for money damages after the fact would not give you complete relief. A theoretical legal remedy is not enough on its own. It has to be as practical and efficient as the injunction itself.
How Long a TRO Lasts
A TRO is usually issued to hold the situation between the parties steady. It lasts up to 14 calendar days, not business days, and the clock starts the moment the judge signs the order.
So a TRO granted on January 30 at 2:30 p.m. expires at midnight on February 13, exactly 14 calendar days later, no matter what time of day it was signed.
The one extension the court can grant
The court may extend the TRO for one more 14-day period on good cause. That extension has to be in writing, because an oral extension has no legal effect. The court cannot grant more than one extension unless the later ones are unopposed. And the restrained party has to receive notice of the written extension before they can be held in contempt for violating it.
The right to move for dissolution
The restrained party is not stuck waiting through those 14 days. On two days’ notice to the party who obtained the TRO, they can appear and move to dissolve or modify the order. The court has to hear that motion as quickly as the ends of justice require.
Our Defending Against a TRO page goes deeper into this right.
Why the Affidavit Matters Most
The affidavit is what a judge actually reads when deciding whether to sign an emergency TRO. Two rules are absolute.
It must be based on personal knowledge
The affidavit cannot be made on information and belief. The person signing it has to actually, personally know the facts. If the key witness is a company employee rather than the owner, that employee should be the one to sign.
It must state specific facts, not conclusions
Saying “the defendant will cause irreparable harm” is a conclusion. The affidavit has to describe the specific conduct, when it is happening, what harm it will cause, and why money cannot fix it. A conclusory affidavit gets denied.
Why You Must Post a Bond First
The bond is not optional. A TRO issued without one is void and has no legal force, even if a judge signed it.
The judge sets the amount in the TRO order itself. It has to be posted with the court clerk before the writ of injunction is issued and before the TRO is served on the restrained party.
The point of the bond is to protect the restrained party. If the TRO is later dissolved because it should not have been granted, that party can recover their actual damages from the bond.
Our Bond Requirement page explains this in full.
The Temporary Injunction Hearing
At the temporary injunction hearing, the court decides whether the plaintiff is likely to prevail in the case. This is a full evidentiary proceeding. Both sides appear, present evidence, and examine witnesses. It is not just argument.
If the court grants the temporary injunction
The court enters a temporary injunction that stays in place until the trial on the merits. Every temporary injunction order has to spell out, in plain and concrete terms, exactly what conduct is prohibited. An order that vaguely says “defendant is restrained from harming plaintiff,” or that just refers back to the petition, is legally defective and cannot be enforced.
The court also has to set the case for trial at the same time. A temporary injunction cannot stay in place indefinitely without a trial date.
If the court denies the temporary injunction
The TRO is dissolved and the restraint ends. The underlying lawsuit still proceeds to trial, but the injunction is gone.
The Path to Trial and a Permanent Injunction
Whether or not the court issues a temporary injunction, the matter is set for trial. At trial, the judge (or a jury, where factual disputes require one) determines the facts. Based on those findings, the judge then decides whether to enter a permanent injunction.
A permanent injunction has no expiration date. It stays in force until a court modifies or dissolves it, and it is the lasting protection most injunction cases are aiming for in the end.
Does an appeal stop the trial?
No. Appealing a temporary injunction does not stop the underlying trial from going forward. The two proceed at the same time, so a defendant cannot use an appeal of the temporary injunction to buy time before trial. Our Appealing a Temporary Injunction page has more detail.
A Typical Timeline for a Dallas Injunction Case
Every case is different, but here is how a typical injunction case tends to unfold in Dallas-area district courts.
Day one
The client calls with an emergency. We assess the facts, prepare the petition and affidavit, post the bond, and present the application to the judge. In a genuine emergency with strong facts, the TRO can be signed and served the same day.
Days one through fourteen
The TRO is in effect. The court schedules the temporary injunction hearing at the earliest available date, and the restrained party may move to dissolve on two days’ notice. We use this period to prepare our evidence and witnesses for the hearing.
The temporary injunction hearing
Both sides present evidence and examine witnesses. The judge rules, often from the bench on the same day as the hearing.
Through trial
After the temporary injunction hearing, the case moves toward trial, where the permanent injunction is decided.
Frequently Asked Questions About Injunction Basics
Can I get a TRO without a lawyer?
Technically yes, but in practice it is extraordinarily difficult. The petition has to be verified under oath. The affidavit has to establish specific facts rather than conclusions. The bond has to be posted properly or the TRO is void. A single technical defect can mean denial, or a TRO that turns out to be unenforceable when it matters most.
What happens if I do not pursue the temporary injunction hearing after getting the TRO?
If the applicant does not move forward with the application for a temporary injunction, the court has to dissolve the TRO. You cannot sit on a TRO indefinitely.
What if the TRO was granted based on incomplete or false information?
The temporary injunction hearing is your chance to put the true facts in front of the court. The one-sided affidavit that got the TRO signed will be tested against your evidence and your cross-examination. TROs that rest on incomplete or exaggerated facts frequently do not survive that scrutiny.
Can an injunction be issued against a company, not just a person?
Yes. An injunction binds the named party, whether a person or an entity, and it also binds their officers, agents, employees, attorneys, and anyone acting in active concert with them who has notice of the order.
Frequently Asked Questions About Injunction Basics
Can I get a TRO without a lawyer?
Technically yes. As a practical matter, it is extraordinarily difficult. The petition must be verified under oath. The affidavit must establish specific facts, not conclusions. The bond must be properly posted or the TRO is void. A single technical defect can result in denial or in a TRO that is unenforceable when it matters most.
What happens if I do not pursue the temporary injunction hearing after getting the TRO?
If the applicant does not proceed with the application for a temporary injunction, the court must dissolve the TRO. You cannot sit on a TRO indefinitely.
What if the TRO was granted based on incomplete or false information?
The temporary injunction hearing is your opportunity to present the true facts. The one-sided affidavit that got the TRO signed will be tested against your evidence and cross-examination. TROs that rest on incomplete or exaggerated facts frequently do not survive this scrutiny.
Can an injunction be issued against a company, not just a person?
Yes. An injunction binds the named party, whether a person or an entity, and also binds their officers, agents, employees, attorneys, and all persons acting in active concert with them who have notice of the order.
What are the elements I have to prove to get a TRO or temporary injunction?
Texas requires you to establish five things: a right to some form of permanent relief on your underlying claim, a reasonable probability that you will prevail at trial, harm that is imminent, harm that is irreparable because money cannot adequately fix it, and the absence of any other adequate legal remedy. You do not have to prove you will win the case. You do have to make a specific, fact-based showing on each of these elements.
Exactly how long does a TRO last, and can it be extended?
A TRO lasts up to 14 calendar days, not business days, and the clock starts the moment the judge signs the order. A TRO signed at 2:30 p.m. on January 30 expires at midnight on February 13. The court may grant one additional 14-day extension on good cause, and that extension must be in writing because an oral extension has no legal effect. The court cannot grant more than one extension unless the later ones are unopposed.
Why does my affidavit have to be based on personal knowledge?
The affidavit is what the judge reads when deciding whether to sign an emergency TRO, and two rules are absolute. It cannot be made on information and belief. The person signing it must personally know the facts. If the key witness is a company employee rather than the owner, that employee should be the one to sign. It must also state specific facts rather than conclusions, describing the conduct, when it is happening, what harm it will cause, and why money cannot fix it.
Does appealing a temporary injunction stop the case from going to trial?
No. Appealing a temporary injunction does not stop the underlying lawsuit from moving forward. The appeal and the trial proceed at the same time, so a defendant cannot use an appeal of the temporary injunction to delay the trial. The trial is where the permanent injunction is decided.