If you’re going through a family law case in Texas, you’ve probably heard terms like “Temporary Restraining Order (TRO)” and “Standing Order” — but what do they really mean, and how do they affect your case?
In this video, Board Certified attorneys Christina Jimenez and Josh Floyd at the Jimenez|Floyd Law Firm break down the key differences between TROs and Standing Orders, walk you through the filing process, and explain why confusion often arises—especially when navigating cases across different counties.
What to Know About TROs and Standing Orders in Texas
If you are involved in a Texas family law case, there is a very good chance you are going to come across a temporary restraining order, a standing order, or both. Those terms tend to create instant panic. People see the words “restraining order” and assume something extreme has happened.
Usually, that is not the case.
In most Texas divorce and custody matters, these orders are routine tools designed to keep everything stable while the case moves forward. Their job is simple: protect property, protect children, and keep both parties from making the situation worse.
That does not mean they are optional. They are court orders, and they need to be taken seriously. But it does mean that many people misunderstand what they actually do.
Here is a practical breakdown of how TROs and standing orders in Texas family law work, how they differ, and why ignoring them can create real problems in your case.
What Is a Standing Order in Texas Family Law?
In some Texas counties, family courts use something called a standing order. This is a set of rules already approved by the judges in that county. When a family law case is filed, those rules automatically apply to both sides.
Think of it as the court saying: while this case is pending, nobody gets to blow up the situation.
Counties such as Dallas, Denton, and Tarrant commonly use standing orders. Not every county does, which is one reason there is so much confusion from case to case.
A standing order usually gets attached to the initial filing. Once the case begins and the papers are served, both parties are expected to comply.
The rules in these orders are generally not surprising. They are built around common sense conduct, such as:
- Do not destroy, hide, or sell property
- Do not cancel insurance coverage
- Do not tamper with mail or passwords
- Do not threaten, harass, or intimidate the other party
- Do not disrupt the children’s stability
- Do not act recklessly with money or assets
At their core, these orders are about preserving the status quo until the court can hear more evidence and make more tailored decisions.
What Is a Temporary Restraining Order?
A temporary restraining order, often shortened to TRO, serves a very similar function. It also sets temporary rules meant to keep things in place and prevent damage while the case is getting started.
The main difference is procedural.
In counties without standing orders, one party usually asks the court to sign a TRO at the beginning of the case. A judge reviews that request and, if it is a standard request aimed at preserving the situation, it is often signed without much resistance.
This is commonly done ex parte, which means the court can consider the request without first notifying the other side.
That sounds dramatic, but in most family law cases it is not. A standard TRO is often just the court’s way of saying:
- Leave the property alone
- Leave the children’s routine alone
- Do not escalate conflict
- Do not interfere with finances, insurance, or records
In other words, a TRO is often less about punishment and more about preventing chaos.
Standing Order vs. TRO: What Is the Real Difference?
Substantively, they often look very similar. Both are designed to preserve property, guide conduct, and protect children while a family law case is pending.
The biggest difference is usually how they come into the case.
Standing Order
- Already exists in that county
- Applies automatically when the case is filed
- Typically binds both parties
Temporary Restraining Order
- Must be requested if the county does not use a standing order
- Is signed by the judge in that specific case
- Often formally directs the other party to follow the listed restrictions
Even when a TRO is technically directed at one side, the smart approach is for both parties to behave as if the same standards apply to everyone. Judges notice conduct, and self-control matters in family court.
Why People Panic When They Receive a TRO
The phrase “restraining order” carries a lot of emotional weight. Many people assume it means they are being accused of violence, forced out of the house, or treated like a criminal.
That is one of the most common misunderstandings in Texas family law.
A standard TRO in a divorce or custody case is usually not saying any of those things. It is not automatically an allegation of family violence. It is not the same as a protective order. And it is not necessarily a sign that the other side is making some extraordinary move against you.
In many cases, it is simply routine practice.
Lawyers often request TROs in the overwhelming majority of cases because they want to prevent spur-of-the-moment decisions that create long-term damage. Once a divorce is filed, emotions rise. People empty accounts, cancel health insurance, sell vehicles, lock each other out of accounts, change passwords, or start using the children as leverage. These orders are meant to stop that before it starts.
So yes, take the order seriously. But no, do not assume the worst just because the title sounds severe.
What These Orders Usually Prohibit
Every county and every order can vary, so you must read the actual document in your case. Still, the typical restrictions are pretty familiar across Texas family law matters.
Common provisions often include instructions not to:
- Destroy, conceal, transfer, or waste marital property
- Withdraw unusual amounts of money
- Cancel utilities or insurance
- Open or interfere with the other person’s mail
- Change online passwords to block access
- Threaten, insult, or harass the other person
- Disturb the peace of the children
- Take actions intended to punish the other side
A lot of confusion comes from people reading only part of the language. For example, if an order says you cannot communicate in a threatening or harassing way, some people stop at the word “communicate” and think they are forbidden from speaking at all.
That is usually not what the order means.
The point is not “no communication.” The point is no abusive or harassing communication. If you have to discuss the children, exchange information, or handle logistical issues, do it calmly and carefully.
A good rule of thumb is simple: if the message sounds like something you would be uncomfortable reading aloud in court, do not send it.
TROs Are Not the Same as Protective Orders
This distinction matters a lot.
People often use the terms temporary restraining order and protective order as if they mean the same thing. They do not.
A TRO in a family law case is generally about preserving the current situation and preventing misconduct while the case is pending.
A protective order is a different legal tool, typically tied to allegations of family violence. Protective orders can carry far more serious consequences, including restrictions tied to safety concerns and, in some situations, criminal implications for violations.
If you receive papers from the court, do not assume what they are based on the title alone. Read them carefully. If you are not sure whether you are dealing with a TRO, a standing order, a protective order, or some combination of temporary relief requests, get legal advice immediately.
Are TROs Filed in Most Texas Divorce Cases?
Very often, yes.
In practice, temporary restraining orders are commonly requested in family law cases unless there is a specific reason not to do so. Cases where parties have already been peacefully separated for a long time, already reached agreements, or have unusual logistical circumstances may not require one.
But those are the exceptions.
Most of the time, lawyers request a TRO because it creates a layer of protection right away. It reduces the chances of somebody making a bad decision in the first days or weeks after filing.
This is especially important in cases involving:
- Shared bank accounts
- Retirement funds and investment accounts
- Business interests
- Children and possession schedules
- Insurance coverage
- High conflict communication
When people are stressed, angry, or scared, they sometimes act first and think later. Courts know that. TROs and standing orders exist partly because judges have seen how quickly situations can spiral.
How Long Does a Temporary Restraining Order Last in Texas?
A Texas TRO is generally effective for 14 days.
The goal during that short period is usually to get the parties into court for a hearing. At that hearing, the judge can decide whether to extend the TRO, replace it with temporary orders, or otherwise adjust the rules based on the facts of the case.
Sometimes the hearing cannot happen within those 14 days. When that occurs, the TRO may need to be extended.
Do not assume an order no longer matters just because some time has passed. Check the actual paperwork, the hearing settings, and any extensions entered by the court.
What Happens If You Violate a TRO or Standing Order?
This is where the issue becomes serious very quickly.
A standing order or TRO is not a suggestion. It is a court order signed by a judge. If you violate it, the court can enforce it.
Possible consequences can include:
- Contempt of court
- Fines
- Jail time
- Damage to your credibility with the judge
Even if a specific TRO expires before a violation issue is pursued, acting in a way that clearly disregards the spirit of the court’s instructions can still hurt you. Judges pay attention to behavior. Family law cases often come down to who acted reasonably, who exercised restraint, and who put the children and the process ahead of anger.
If you think a provision is unfair or confusing, the answer is not to ignore it. The answer is to raise the issue through proper legal channels.
What About Extraordinary Relief Requests?
Not every temporary restraining order is purely routine. Sometimes a TRO includes requests for more unusual or urgent forms of relief.
Those situations can involve issues such as:
- Requests to restrict a parent’s possession or access to children
- Efforts to keep a child in a certain location
- Emergency child recovery measures
- Other emergency restrictions beyond the standard status quo protections
When a TRO contains that kind of extraordinary relief, it makes sense to treat the matter as more urgent and more complex. Those requests go beyond the ordinary “do not be reckless” language found in standard orders.
If you are served with something that affects your access to your children or includes emergency provisions, do not delay in getting advice.
The Most Important Thing to Do When You Get Served
Read every page.
That sounds obvious, but it is one of the biggest mistakes people make. They skim the first paragraph, react emotionally to the title, and never actually slow down enough to understand what the order requires.
Here is a better approach:
- Read the order carefully from beginning to end. Do not stop at the heading.
- Identify what conduct is restricted. Look for sections dealing with property, children, communication, records, and finances.
- Note any deadlines or hearing dates. Timing matters.
- Preserve calm communication. Assume every text, email, and social media message could become evidence.
- Speak with a family law attorney in your area. County practices differ, and local knowledge matters.
Texas family law is highly local in many ways. A standing order that is automatic in one county may not exist in another. A form commonly used in one court may look different in the next. That is why tailored legal advice is so important.
If You Filed the Case, Follow the Order Too
This is a practical point that often gets overlooked.
Even when a temporary restraining order is directed at the other side, the wiser course is to hold yourself to the same standard. Courts respect consistency. If you are asking the judge to enforce calm, honesty, and preservation of property, your own actions should reflect those values.
That means:
- Do not engage in harassment
- Do not move money around recklessly
- Do not cancel benefits out of spite
- Do not tamper with access to accounts or records
- Do not use the children to punish the other parent
In family court, credibility is currency. You do not build it by technically avoiding one side of an order while violating its purpose.
The Big Picture
TROs and standing orders are among the most misunderstood parts of a Texas divorce or custody case. The language sounds alarming, but in most situations these orders exist for a practical reason: they keep life from turning upside down before the court can step in with more specific orders.
The key points to remember are simple:
- A standing order is a countywide order that often applies automatically in family law cases.
- A TRO is a case-specific court order that usually serves the same general purpose.
- Neither one should be ignored.
- They are not the same as protective orders.
- Violations can lead to serious consequences.
- The safest move is to read carefully, stay calm, and get legal guidance.
If there is one takeaway worth holding onto, it is this: a temporary restraining order in a Texas family law case is usually not the court declaring war. More often, it is the court trying to keep everyone from starting one.