What is a motion for a temporary restraining order?
A motion for a temporary restraining order is a means of blocking a hostile action before it has a chance to take place. In Texas, a temporary restraining order is a court order that requires both parties to a civil lawsuit to take certain actions or refrain from taking certain actions. This is usually done when a party wishes to stop a hostile action from taking place and/or prevent the accused from committing such an action in the future. For example, in a domestic violence case, the victim may seek a restraining order to keep the abuser from having contact with the victim. The court may issue a temporary restraining order in the interest of public safety, as well as to prevent the accused from continuing their abuse. In order to acquire a temporary restraining order, the petitioner must file a motion with the court. Along with the motion, they must submit a brief in support of their request, which must include facts of the case that support why the court should issue the order. The petitioner must also provide proof of service; that is, proof that they have personally served the accused with the motion. The court will then review the motion and issue a temporary restraining order or deny the motion. If the motion is granted, then the order will remain in effect until the date of the final hearing.
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