Father’s Rights – What to Do If Your Spouse Requested a Restraining Order

Divorce is difficult enough when both parties agree to remain civil, and the issues are not contested. When there is extreme animosity that results in litigation, the divorce process can be traumatic and costly. For a father, one of the most difficult things to contend with during a divorce is a restraining order, particularly if it proposes to limit, or entirely prohibit, access to your children. Fort Worth father’s rights lawyer Jon Boyd explains what to do if your spouse has requested a restraining order as part of your divorce.

The Texas Divorce Process

A married couple can make the decision to end the marriage together or one spouse can make the decision alone. The legal process of divorce, however, does not begin until one spouse files a legal document referred to as an Original Petition of Divorce. The Petitioner (spouse who files the Petition) must serve the Respondent (the other spouse) with a copy of the Petition along with a Summons that explains how long the Respondent has to file an Answer to the Petition. Once the Petition is filed, the direction that the divorce process takes will depend on the parties; however, even a relatively simple divorce that does not involve contested issues will still take several months to complete. Because it can take months, even years, to reach the end of the divorce process, the law allows either party to request temporary orders. One such order is a restraining order.

What Is a Temporary Restraining Order?

If you were recently served with divorce papers that included a Temporary Restraining Order (TRO), you may be confused, angry, and/or worried about how to proceed. A TRO is unique within the judicial system because it involves one of the few times that a judge will issue orders without affording both sides to a dispute the opportunity to be heard.

A TRO is an emergency court order that orders a party not to take a particular action until a hearing can be held. The party requesting the TRO must affirm, under the penalties of perjury, to the reasons why the TRO is necessary and why the order cannot wait until a hearing on the matter. Unfortunately, one of the issues that can be covered in a TRO is access to minor children of the marriage. That means that a judge could order you to stay away from your children based solely on information provided by your spouse in the request for the TRO.

Can I Do Anything about a Temporary Restraining Order?

If you were served with a TRO, it is crucial to abide by the terms of the Order. Violating the terms of a TRO will subject you to serious penalties as well as harm your overall chance of prevailing in your case before the court. Keep in mind that a TRO can only remain in effect for up to 14 days or until the hearing, whichever is sooner. Within that time the court must set the matter for a hearing at which time you can present your own testimony and/or evidence in opposition to the requested orders. It may seem like a long time if you have been ordered to stay away from your children; however, it is in your best interest to prepare for the hearing by focusing on defending the allegations made by your spouse instead of on the fact that you are prohibited from seeing your children for the moment. Given what is at stake, retaining an experienced attorney to represent you at the hearing is a wise choice.

Contact a Fort Worth Father’s Rights Lawyer

If you were recently served with a Temporary Restraining Order as part of a Texas divorce, it is in your best interest to consult with an experienced Fort Worth father’s rights lawyer immediately to discuss your legal options.  Contact an experienced Fort Worth father’s rights lawyer at Boyd Family Law by calling 817-338-4500 to schedule your appointment today.

Contact Us

Call Us Today!

(817) 338-4500

Family Law

Client Reviews

★ ★ ★ ★ ★

Joey and I just want to tell you how thankful we are and what an awesome job you did today! You really are a rockstar and I’ll be referring anyone I know that needs a family lawyer to you! Thank you thank you thank you!!!!!!!!

T.S. and J.H.

Knowledgeable, respectful and great!

Renee Moore

Jon, once again – Great job! I can’t begin to express how grateful I am for your overall knowledge of the law and your impressive trial skills. Simply outstanding! It may have been just another day at the office for you, but you’ve made a huge positive impact on my life and more importantly on my son’s life. Thanks again.


My experience as Jon’s client was stellar and I can’t imagine having gone through everything the last few years without him going to bat for me. My case was a high conflict child custody modification. Jon is incredibly knowledgeable and he expertly applied this knowledge to my case. He has a very confident, commanding presence in the courtroom and his loyalty to the success of me and my case was clear in his actions. Our outcome was better than I expected and I am happy with the results. He and his staff are diligent, skilled and worth every cent. If you need assertive, sharp, highly skilled representation, then I absolutely recommend Jon.


A most genuine ‘Thank You’ from me and my family. (I am) very fortunate that I found you in 2006 to represent me in battling The Devil in Divorce-Custody #1. It’s no secret that I hold you in high regard and probably place unfair expectations on your back to carry into battle with me. Just know that there is no one I trust more than you when it comes to guiding/representing/fighting for me and my family. You earned my respect and trust nine years ago now. I already know the quality of man I walk into the courtroom with. And that provides me a level of confidence which cannot be replaced. I’m loyal to a fault, my friend. The quality of your work and your office staff’s support and responsiveness have all been top notch in dealing with me and my family’s legal issues