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JoeLawyer, Lawyer (JD)
Category: Legal
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Experience:  Attorney in practice since 1996
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Can I file a temporary restraining order without hiring a lawyer

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I am in the process og leaving my husband. I am on a very tight budget, I need to know if I can file a TRO in the state of TX without a lawyer. My daughter is 11 years old, and I do not want to leave her with my husband. I will file for divorce within the next 6 months, and I need to know if I can do the TRO myself, and if so, how do I go about writing, and filing a TRO, is there a prepaid legal service for this matter?
Submitted: 10 years ago.
Category: Legal
Expert:  JoeLawyer replied 10 years ago.

You can file a TRO without a lawyer by filing a request for a TRO in writing with your local court. It is generally best to have a lawyer though. Since you live in Silsbee, Texas, you might want to file such a TRO at the Hardin County Clerk, and you can get more information here.

You can view the Texas Statutes, under the Civil Practice and Remedies Code, regarding TRO's (injunctions) here, under Chapter 65.

It might also be helpful to review the Taxes Family Code here. Chapter 82 of Title 4 of the Texas Family Code involves applying for a protective order.

Particularly useful is § 65.011 of the Texas Civil Practice and Remedies Code, which provides what the grounds are that you have to meet to succeed, and says : "A writ of injunction may be granted if:
(1) the applicant is entitled to the relief demanded and all or part of the relief requires the restraint of some act prejudicial to the applicant;
(2) a party performs or is about to perform or is procuring or allowing the performance of an act relating to the subject of pending litigation, in violation of the rights of the applicant, and the act would tend to render the judgment in that litigation ineffectual;
(3) the applicant is entitled to a writ of injunction under the principles of equity and the statutes of this state relating to injunctions;
(4) a cloud would be placed on the title of real property being sold under an execution against a party having no interest in the real property subject to execution at the time of sale, irrespective of any remedy at law; or
(5) irreparable injury to real or personal property is threatened, irrespective of any remedy at law."

If you can meet these criteria your motion may be granted.

I hope this helps and a positive feedback is always appreciated if this was useful to you.

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