The most dangerous window in a divorce is often the first week — before anyone is watching the accounts. Texas addresses that with two tools: a temporary restraining order requested at filing, and in many counties an automatic standing order that binds both spouses the moment the case is filed.
Standing Orders: Automatic in Many Counties
Harris, Fort Bend, and a number of other Texas counties and courts have adopted local court rules and standing orders that take effect automatically when a divorce petition is filed. They typically prohibit both spouses from hiding or destroying property, making unusual withdrawals or transfers, canceling insurance, changing beneficiary designations, harassing or threatening the other spouse, and disparaging the other parent to the children. A copy must be attached to the petition and served with it.
The Divorce TRO
Where no standing order exists, or where broader protection is needed, § 6.501 allows the court to grant a temporary restraining order without notice to the other spouse, called an ex parte order, before a longer term order is put into place. The statute lists a long menu of restrainable conduct: transferring or encumbering property, incurring debt other than legal expenses in the suit, withdrawing funds, terminating utilities, opening the other spouse’s mail, changing insurance beneficiaries, destroying financial records or electronic data, using the other spouse’s passwords, and — since 2023 — tracking or monitoring the other spouse’s vehicle or personal property without consent. Texas makes it easier to obtain a TRO in a divorce than a regular restraining order: under § 6.503, a divorce TRO may be granted without an affidavit or verified pleading showing immediate and irreparable injury, need not define the injury, and generally requires no bond between the spouses.
What a TRO Cannot Do
Section 6.501(b) sets express limits. A divorce TRO may not exclude a spouse from occupancy of the residence where that spouse is living, except through a protective order under Title 4; may not prohibit a party from spending funds for reasonable and necessary living expenses; and may not prohibit acts reasonable and necessary to conduct that party’s usual business and occupation. Excluding someone from the home requires either a hearing on temporary orders or a protective order based on family violence.
Timing and the Hearing
A TRO is short-lived. It lasts 14 days and may be extended once for another 14 days, and the court sets a hearing on a temporary injunction under § 6.502. In practice, that hearing is usually consolidated with the temporary orders hearing where support, the residence, and interim finances are decided.
Enforcing a Violation
Violating a temporary restraining order, temporary injunction, or other temporary order is punishable as contempt under § 6.506. If a spouse drains an account or sells a vehicle, remedies also include a money judgment, reconstitution of the estate under § 7.009, and an award of attorney’s fees. Document the violation with statements and records rather than screenshots alone.
Frequently Asked Questions
Does a standing order apply to me automatically?
In counties that have adopted one, yes. It binds both spouses when the divorce is filed and a copy is served with the petition.
Can a TRO make my spouse move out of the house?
Generally not. Section 6.501 does not allow that relief. Exclusive use of the residence is decided at a temporary orders hearing or through a protective order.
How long does a divorce TRO last in Texas?
Fourteen days, with one possible extension of fourteen more, until the court holds a hearing on a temporary injunction.
Texas Statutes Referenced
- § 6.501 — Temporary Restraining Order
- § 6.502 — Temporary Injunction and Other Temporary Orders
- § 6.503 — Affidavit, Verified Pleading, and Bond Not Required
- § 6.506 — Contempt
- § 6.507 — Interlocutory Appeal
- § 7.009 — Fraud on the Community
Related Pages
- Texas Divorce (main page)
- Temporary Orders
- Protective Orders and Family Violence
- Fraud on the Community
Talk With a Texas Divorce Attorney
Protect the accounts and the property before anything moves. Call 713-955-6182 or contact The De Leon Law Firm.