What is a temporary restraining order in civil law?
A temporary restraining order (TRO) is a civil court order used to protect an individual in a civil law case from further harm. In Texas, a temporary restraining order grants protection from certain types of contact until a court hearing can be held and a more permanent order can be issued. The person seeking protection must file a petition with the court, and include a declaration which explains why the protection is needed. This document must be signed by the person seeking the order, or by their lawyer if they have one. Once the petition is filed, the court will review it and either grant or deny the request for a TRO, or schedule a hearing to decide the issue. If the court grants the TRO, it will state in the order who the order applies to and what contact is not allowed. This can include staying away from a certain location or person, not communicating in a particular way (such as via text or email), and not possessing any weapons. Often, a TRO will be in effect until the court can hold a hearing to decide whether or not to issue a longer-term protective order. In Texas, a protective order can last for up to two years. It is important to understand that a TRO is a civil court order, not a criminal court order, and that individuals found in violation of a TRO may face civil penalties, such as a fine or civil damages, rather than criminal penalties.
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