Wilson Whitaker Rynell

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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
wilson whitaker rynell attorneys and counselors at law logo
972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
a blue and orange check mark with the letter w on it as the Wilson Whitaker Rynell Logo

Temporary Restraining Orders in Texas Business Divorces

John Wilson • Jan 19, 2024

Temporary Restraining Orders In Texas Business Disputes For Ownership & Control

A Temporary Restraining Order, commonly referred to as a TRO, is a critical tool in business divorces, separations and accountability actions. It acts like a legal pause button, providing immediate but temporary relief in situations where immediate action is needed to prevent irreparable harm to a business or its assets. In Texas, obtaining a TRO in a business divorce scenario typically involves demonstrating to the court that without such an order, your business would suffer immediate and irreparable injury, loss, or damage. It's a protective measure, intended to maintain the status quo until a more detailed hearing can be held. 


A plaintiff’s application for a temporary restraining order is authorized by Texas Civil Practice and Remedies Code section 65.011 when a) you are entitled to the relief requested therein and all or part of the relief requires the restraint of acts that would be prejudicial to you or the business you represent; and b) irreparable injury to you or your business has already occurred, and further irreparable injury is likely to occur.  However, proving the need for a TRO is not easy, and demonstrating economic harm alone is insufficient. Simply put, money alone can never justify a TRO. You must have no adequate remedy at law, and without immediate court intervention and the entry of a temporary restraining order, tangible non-monetary harm will befall you or your business. TROs are typically supported by an affidavit, if the TRO is ex parte, or by live testimony in court.


At Wilson Whitaker Rynell, we understand the urgency and delicacy of such matters. Our approach is tailored to swiftly assess the situation, prepare the necessary documentation, and present a compelling case to the court.

How Long Do TRO's Last in Texas

Typically, a Temporary Restraining Order (TRO) in Texas is effective for a period of 14 days. However, this duration can be altered by the court, which has the discretion to either dissolve the TRO before the 14-day period expires or extend it further for a maximum of 28-days. The TRO must include a notification for a hearing, which is required to occur within the 14-day timeframe following the issuance of the TRO. This hearing is critical as it provides the opportunity for the court to evaluate whether the conditions of the TRO should be converted into a temporary injunction. For the TRO to be legally binding and effective, it is essential that the respondent, who is the individual or party against whom the order is issued, receives notification of the TRO. The delivery of this order can be accomplished through various methods, including personal service, which ensures that the respondent is directly and formally informed of the order and its stipulations.


In Texas, there is a provision for ex parte TROs, which are issued without the presence or input of the respondent. This type of TRO is typically granted when there is an immediate threat of harm, and delaying the process to hear from the respondent could result in irreparable damage or injury. In such cases, the court issues the TRO based solely on the information and evidence presented by the applicant. However, even in ex parte situations, the requirement for a hearing within 14 days of the order remains. This hearing allows the respondent an opportunity to present their side of the case before the court decides on further action, such as extending the TRO or converting it into a temporary injunction.

Transitioning From A TRO To A Temporary Injunction (TI)

Following the successful granting of a Temporary Restraining Order (TRO) by a court and the payment of the TRO bond, the next step is often a hearing for a Temporary Injunction (TI). At this hearing, the court reviews the temporary measures implemented by the TRO and decides whether to extend these protections until the resolution of the case. A TRO is not effective until the bond, if required, is paid as set by the court. The bond for a TI may be higher than that for a TRO, given its longer duration. Temporary injunctions typically last for the duration of the litigation unless they are later dissolved by the court.


A TI is more enduring than a TRO. To secure a temporary injunction, Wilson Whitaker Rynell can assist you in preparing your case such that it demonstrates how the status quo can be maintained without causing undue harm to the other party involved. This involves a careful presentation of evidence and legal arguments, showcasing the necessity of extending the protections.


The criteria for granting a TI are generally more stringent than for a TRO. The party seeking a TI must usually demonstrate a likelihood of success on the merits of the case, a risk of irreparable harm without the injunction, that the balance of equities tips in their favor, and that the injunction is in the public interest.

Unlike TROs, which can be granted ex parte (without notice to the other party in certain urgent situations), TIs typically require notice to the opposing party and a formal hearing. This allows the opposing party an opportunity to present their case against the imposition of the injunction.

While TIs often last for the duration of the litigation, they can be modified or dissolved by the court if new evidence comes to light or if circumstances change significantly. This flexibility allows the court to adapt the injunction to the evolving nature of the case.

The imposition of a TI can significantly impact the parties involved, as it may restrict certain actions or require specific behavior for an extended period. It's important for parties affected by a TI to understand its terms and comply to avoid contempt of court.

Decisions regarding TIs are typically appealable, though the standards and procedures for appeal can vary depending on the jurisdiction and the specific circumstances of the case.

The requirement of a bond for a TI, like that for a TRO, serves as a safeguard to compensate the restrained party for any damages incurred if it's later determined that the injunction was wrongfully granted.

TRO Attorneys At Wilson Whitaker Rynell

At Wilson Whitaker Rynell, our expertise in this niche area of law is unparalleled. We understand that each business divorce is unique, and our approach is always personalized. Our team ensures that every client is not just a case number but a valued partner in navigating these legal challenges.


We pride ourselves on our ability to handle these complex matters with a combination of legal acumen, strategic thinking, and a commitment to our client's best interests. Whether you're facing the uncertainty of a business divorce or need guidance on the intricacies of temporary restraining orders and injunctions in Texas, our attorneys at Wilson Whitaker Rynell is here to provide expert legal support.

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By Kayla Holderman • 10 May, 2024
Dallas Family Law & Divorce Attorneys Deciding to divorce is a challenging and significant life choice. Once you've made that decision, there are many paths to consider, and Wilson Whitaker Rynell is here to help you navigate the best way forward. What distinguishes us from other Dallas family law firms is our exceptionally skilled team of family law practitioners and our commitment to delivering outstanding client-centered service. Whether through mediation or litigation, our family law attorneys in Dallas bring a depth and breadth of knowledge gained through years of successful practice. We also have board certified divorce lawyers so you can count on the highest standards of integrity, expertise, and legal proficiency from the divorce lawyers at Wilson Whitaker Rynell. Whether you're in Dallas, Plano, Frisco, Allen or any other Dallas neighborhood, you can trust our local family law firm to provide you with the support and guidance of a highly experienced team of family lawyers. Family Law Practice Areas Our dedicated team is focused on providing personalized and effective legal solutions tailored to each client's unique circumstances. We understand that family law matters can be emotionally challenging, and we strive to offer compassionate support while staunchly defending our clients' rights and best interests. With Wilson Whitaker Rynell, you can trust that you'll receive top-tier legal representation from a team that genuinely prioritizes your well-being. We specialize in a wide range of family law and divorce matters, ensuring comprehensive legal support for our clients. Our experience includes, but is not limited to, the following areas:
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Kids & Custody: The Judge’s Chamber Chat

By Chelsea Lankford • 08 May, 2024
Interview of a Child in Chambers by a Texas Court Divorces can be messy; even more so when children are involved. One pivotal question that is often asked is who will receive primary custody. The prospect of children speaking to a judge during a divorce case to help determine custody can be a controversial topic. On one hand, it aims to understand and prioritize the child's preferences and best interests. On the other hand, exposing children to legal proceedings can be emotionally taxing and stressful . When Can the Judge Talk to Children? During a nonjury trial or hearing, the court is required to privately interview any child 12 years or older, while interviewing a child under 12 is at the judge's discretion. This private interview helps convey the child's wishes regarding who should have primary custody. The judge can also conduct the interview independently or on the request of a party, amicus attorney, or attorney ad litem. While speaking to the child can help determine issues of possession, access, and parent-child relationships, it does not restrict the court’s authority to decide what’s best for them. However, in cases where a jury trial is underway, the judge is prohibited from privately interviewing the child on matters subject to a jury verdict such as which parent is granted conservatorship/primary custody. During the conversations, attorneys representing the parents, the amicus attorney, the guardian ad litem, or the child's attorney ad litem may be present. For children aged 12 and older, the court is required to record these interviews to ensure a thorough and accurate record is available as part of the overall case documentation. Inside the Judge's Playbook: What Gets Asked? The judge may ask open-ended questions about living arrangements, the child's relationship with each parent, and other aspects relevant to their well-being. Additionally, an interviewer’s nonverbal communication may not contribute to the making of a particular statement. James v. Texas DHS, 836 S.W.2d 236, 239-241, (Tex.App.—Texarkana 1992, no writ.). However, the child's testimony is just one piece of the puzzle, weighed alongside other factors such as parental behavior, home stability, and each parent's willingness to cultivate the child's relationship with the other parent. Importantly, if the judge during the interview has reasonable cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect by any person , the the judge is obligated to shall immediately make a report. Tex. Fam. Code §261.101(a).
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The Franchise Agreement

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The Wilson Legal Group are Dallas attorneys that specializes in Patents, Trademarks, Copyrights, Trade Secrets, Complex Litigation, Business/Corporate Law, Family Law and Real Estate Law. At the Wilson Legal Group, our clients are our focus. Our philosophy is simple and straight-forward: Understand our clients' needs, hopes, and interests in order to help them flourish. Our staff strives to build strong relationships with our clients in order to appreciate their best interests and help them achieve their goals.

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