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Order Restraining

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Order on Motion to Extend Temporary Restraining Order

NO.

IN THE MATTER OF §

THE MARRIAGE OF §

AND §

IN THE DISTRICT COURT

OF COUNTY, TEXAS

JUDICIAL DISTRICT

Order on Motion to Extend Temporary Restraining Order

On , 20, the Court considered the Motion to Extend Temporary Restraining Order of and finds that good cause exists for extension of the temporary restraining order, in that Respondent has been unable to retain an attorney. It is ORDERED that:

The Temporary Restraining Order issued on , 20, shall remain in full force and effect immediately restraining Respondent, , from the following:

1. Communicating with Petitioner in person, by telephone, or in writing in a vulgar, profane, obscene, or indecent language, or in a coarse or offensive manner with the intent to annoy or alarm Petitioner.

2. Threatening Petitioner in person, by telephone, or in writing, to take unlawful action against any person intending by this action to annoy or alarm Petitioner.

3. Placing one or more telephone calls, anonymously, at any unreasonable hour in an offensive or repetitive manner without legitimate purpose of communication with the intent to annoy or alarm Petitioner.

4. Causing bodily injury to Petitioner, any child of Petitioner, Petitioner's family, friends, or business associates.

5. Threatening Petitioner or any child of Petitioner, Petitioner's family, friends, or business associates with imminent bodily harm.

6. Destroying, moving, concealing, encumbering, transferring, or otherwise harming or reducing the value of the property of the parties or either of them with the intent to obstruct the authority of this Court to order a division of the estate of the parties in a manner that the Court deems just and right, having due regard for the rights of each party.

7. Falsifying any writing or record relating to the property of either party.

8. Misrepresenting or refusing to disclose to Petitioner or to the Court on proper request the existence, amount, or location of any property of the parties or either of them.

9. Damaging or destroying the tangible property of the parties, or either of them, including any documents that represent or embody anything of value.

10. Tampering with the tangible property of the parties, or either of them, including any document that represents or embodies anything of value, and causing pecuniary loss or substantial inconvenience to Petitioner.

11. Selling, transferring, assigning, mortgaging, encumbering, or in any other manner alienating any of the property of Petitioner or Respondent, whether personalty or realty, and whether separate or community, except as specifically authorized by order of this Court.

12. Incurring any indebtedness, other than legal expenses in connection with this suit, except as specifically authorized by order of this Court.

13. Making withdrawals from any checking, savings, or other account in any financial institution for any purpose, except as specifically authorized by order of this Court.

14. Spending any sum of cash in Respondent's possession or subject to Respondent's control for any purpose, except as specifically authorized by order of this Court.

15. Making any withdrawal for any purpose from any retirement, profit-sharing, pension, death, or other employee benefit plan or employee savings plan or from any individual retirement account or Keogh account.

16. Entering any safe-deposit box and/or storage facility in the name of or subject to the control of Petitioner or Respondent, whether individually or jointly with others.

17. Withdrawing or borrowing in any manner all or any part of the cash surrender value of life insurance policies on the life of Petitioner or Respondent.

18. Changing or in any manner altering the beneficiary designation on any life insurance on the life of Petitioner or Respondent.

19. Canceling, altering, or in any manner affecting any casualty, automobile, or health insurance policies insuring the parties' property or persons.

20. Terminating or in any manner affecting the service of water, electricity, gas, telephone, cable television, or other contractual services, such as security, pest control, landscaping, or yard maintenance, at , Texas or in any manner attempting to withdraw any deposits for service in connection with such services.

21. Excluding Petitioner from the use and enjoyment of the residence located at , Texas .

22. Opening or diverting mail addressed to Petitioner.

23. Signing or endorsing Petitioner's name on any negotiable instrument, check, or draft, such as tax refunds, insurance payments, and dividends, or attempting to negotiate any negotiable instrument payable to Petitioner without the personal signature of Petitioner.

24. Taking any action to terminate or limit credit or charge cards in the name of Petitioner.

25. Entering, operating, or exercising control over the automobile in the possession of Petitioner.

26. Doing any act calculated to embarrass, harass, molest, injure, or humiliate Petitioner, any child of Petitioner, Petitioner's family, friends, or business associates.

IT IS ORDERED AND DECREED that Respondent is authorized only as follows:

1. To make expenditures for reasonable attorney's fees and expenses in connection with this suit.

2. To make expenditures for reasonable, necessary, and customary living expenses for food, clothing, shelter, transportation, and medical care.

3. To make reasonable expenditures and incur reasonable and customary indebtedness in the usual and ordinary course of conducting respondent's business.

IT IS ORDERED AND DECREED that this Temporary Restraining Order is effective immediately and shall continue in full force and effect until further order of this Court or until it expires by operation of law.

IT IS ORDERED AND DECREED that this Temporary Restraining Order is binding upon Respondent, upon Respondent's agents, servants, and employees, and on those persons in active concert or participation with Respondent, Respondent's agents, servants, or employees who receive actual notice of this Order by personal service or otherwise.

IT IS ORDERED AND DECREED that the requirement of a bond is hereby waived.

IT IS ORDERED that the clerk of this Court shall issue notice to Respondent, , to appear, and respondent is hereby ORDERED to appear before the Associate Judge of the Judicial District Court in the Courthouse, , Texas, on the day of , 20, at o’clock .m. The purpose of the hearing is to determine during the pendency of this suit:

1. Whether the preceding Temporary Restraining Order should be made a temporary injunction pending the final hearing hereon;

2. Whether the additional Temporary Injunction as prayed for should be granted.

3. Whether Petitioner should be awarded the exclusive use and possession of the parties' residence and the furniture, furnishings, and appliances located therein, during the pendency of this suit.

4. Whether Respondent should be enjoined from entering and remaining on the premises of the residence except as authorized by order of this Court.

5. Whether Petitioner should be awarded the exclusive use and control of the motor vehicle, and Respondent should be enjoined from entering, operating, or exercising control over it.

6. Whether Petitioner should be awarded exclusive use of other miscellaneous property of the parties during the pendency of this suit.

7. Whether the Court should order Respondent to pay support to Petitioner until a final decree is signed.

8. Whether the Court should order Respondent to pay interim attorney=s fees and anticipated costs and expenses.

9. Whether the Court should order Respondent to file a Sworn Inventory and Appraisement of all separate and community property owned by the parties and all debts and liabilities owed by the parties.

10. Whether the Court should order Respondent to produce copies of the parties' income tax returns together with any and all supporting schedules and information returns used in connection with their original income tax returns for each tax year from date of marriage through the present, inclusive, and such other documents the Court may deem necessary and equitable.

11. Whether the Court should order Respondent to produce other books, papers, and documents and tangible things that this Court deems necessary and equitable.

12. Whether the Court should appoint a Receiver for the preservation and protection of the property of the parties.

13. Whether the Court should enter an Order specifically limiting expenditures by Respondent for personal living expenses and/or business expenses to a set amount and/or for certain matters only, including the imposition of a limit on all credit purchases and/or the incurrence of debt or use of credit cards.

14. Whether the Court should enter a pretrial conference to simplify the issues in this case, determine the stipulations of the parties, and set discovery deadlines and such other matters as the Court may deem appropriate.

15. Whether the Court should order Respondent to execute authorizations to various third parties to allow Petitioner I s counsel to obtain documentation and records.

16. Whether the Court should make such other and further orders respecting the property and the parties as pleaded for or as may be deemed necessary and equitable for the safety and welfare of the parties.

SIGNED this day of , 20 o’clock .m.

___________________________________

JUDGE PRESIDING

Signature

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What an Order Restraining Is and when it applies

An Order Restraining (commonly called a restraining order or protective order) is a court-issued directive that limits contact or conduct by a named person to protect another party from harm or harassment. It can be issued on an emergency (ex parte) basis or after a full hearing, and it typically describes prohibited actions, geographic or contact restrictions, and the duration of protection. The document is filed with the appropriate state or county court and becomes enforceable once signed by a judge and properly served on the respondent.

Why a properly drafted Order Restraining matters

A clear, complete Order Restraining protects safety, creates a court record, and sets enforceable limits on the respondent. Accurate forms speed court processing, improve enforceability by law enforcement, and reduce the risk of dismissal or unintended exposure to contempt or perjury charges.

Why a properly drafted Order Restraining matters

Who completes and relies on an Order Restraining

Each participant has distinct responsibilities: petitioners provide facts, attorneys ensure legal sufficiency, advocates assist service, and clerks process filings per local court rules.

  • Petitioners and survivors seeking protection from harassment or violence.
  • Family or criminal defense attorneys drafting pleadings and evidence.
  • Victim advocates and social workers assisting with paperwork and support.

Step-by-step: Completing an Order Restraining

Follow these steps to prepare a complete petition and move the case to hearing efficiently.

  • 01
    Gather facts: Collect dates, incident details, police reports, and witness contacts.
  • 02
    Complete petition: Fill all required fields and attach supporting affidavits or exhibits.
  • 03
    File with court: Submit to the clerk or e-file per local court procedures.
  • 04
    Arrange service: Have the respondent served via sheriff, process server, or allowed method.

Essential information fields the court will expect

Petitioner Name: Full legal name
Respondent Name: Full legal name
Incident Date: MM/DD/YYYY
Incident Location: Street, city, state
Relief Sought: Specific orders requested
Supporting Evidence: Police reports, photos, affidavits

Where to file and how the submission flows

Understand the usual destinations and routing for a restraining order petition.

  • Court Clerk: File in county civil or family court
  • Emergency Hearing: Judge may issue ex parte temporary order
  • Service: Respondent must be served per court rules
  • Return to Court: Bring proof of service to scheduled hearing

Best methods to distribute the Order Restraining

Electronic sharing of drafts to advocates or counsel is acceptable, but final service and court filing must meet local procedural and evidentiary requirements.

  • Sheriff or Constable: Official service with affidavit returned to court
  • Private Process Server: Professional service with proof of service affidavit
  • Law Enforcement: Immediate service during arrest or response

Typical timelines and deadlines to expect

Timelines for temporary orders, hearings, and extensions vary by state and court; confirm local rules early.

Ex parte hearings:

Immediate or same-day in emergencies; specifics vary by court

Full hearing:

Often scheduled within about 7–14 days after temporary order

Service deadline:

Respondent must be served before the full hearing per local rules

Order duration:

Temporary orders are short-term; final orders vary widely

Extension requests:

File motion before expiration to seek continuance or extension

Key milestones from filing to final order

A common sequential milestone view for tracking progress through the court process.

01

Petition Filed

Clerk accepts complaint and assigns case number

02

Temporary Order Issued

Judge may sign ex parte restraints for immediate protection

03

Respondent Served

Proof of service returned to court before hearing

04

Full Hearing Decision

Judge rules on continuing relief after evidence is presented

Common preparation mistakes to avoid

  • Incomplete incident chronology that lacks dates, locations, or specifics undermines credibility and delays hearings.
  • Using nicknames or partial names for the respondent can prevent proper service and result in dismissal for misidentification.
  • Failing to attach police reports, medical records, or witness statements reduces the judge's ability to assess imminent risk.
  • Attempting informal service (email or text) when the court requires personal service can lead to reset hearings and wasted time.

Penalties and risks from errors or false statements

Perjury risk: False statements may lead to criminal charges
Contempt exposure: Violation of orders can result in arrest
Dismissal: Procedural errors can result in losing protection
Service failure: Improper service can void hearings
Privacy exposure: Public filings may reveal personal data
Enforcement limits: Jurisdictional gaps can restrict enforcement

Core components of a professional Order Restraining package

A complete package includes the petition, sworn statements, evidence, proposed order, service plan, and judge's signed order.

Case Caption

Court name, case number, and party names formatted per local rules for valid filing.

Petition Narrative

Chronological factual statement with dates, times, and locations to establish the need for relief.

Affidavits and Exhibits

Sworn witness statements, police reports, photos, and documents that corroborate facts in the petition.

Specific Orders

Precise language for no-contact, stay-away distances, custody or possession limitations, and other remedies.

Service Instructions

Detail how respondent will be served and by whom; include addresses for personal service.

Judge's Signature Block

Space for judicial signature, date, and clerk stamp that creates an enforceable order.

Supporting documents and export formats to include

Provide standardized supporting files and save final documents in court-acceptable formats to preserve admissibility and longevity.

Police Reports

Official incident reports in PDF format help verify dates and facts for the judge.

Medical Records

Redacted, certified copies of treatment records or photographs supporting injury claims.

Witness Statements

Signed affidavits or declarations with contact information and dates to corroborate allegations.

File Formats

Save final order as PDF or PDF/A; platforms commonly support PDF, DOCX, and HTML exports.

eSignature pricing comparison for preparing and signing orders

Compare common vendor pricing tiers and features relevant to secure document preparation and signing; signNow is listed first per vendor data.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial Yes, 7-day trial No No Yes, limited Yes, limited
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Realistic examples showing how an Order Restraining is used

Two concise scenarios illustrate typical petition contexts and outcomes to guide realistic form completion.

Domestic Violence TRO

A petitioner describes three escalating incidents with dates and police reports

  • Ex parte temporary order granted for safety
  • At the full hearing the judge issues a one-year protective order after corroborating evidence is presented.

Harassment Restraining Order

An employee documents persistent harassment with email and witness statements

  • Court issues a temporary stay-away order pending hearing
  • After hearing the court orders no contact and documents the respondent's prohibited conduct.

Frequently asked questions about Order Restraining preparation and e-submission

Answers to common procedural and e-signature questions when preparing or filing a restraining order petition.


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