To file a Texas temporary restraining order, you take a verified petition, a sworn affidavit of specific facts, and a proposed order to your county’s district clerk, pay the filing fee (or file a Statement of Inability to Afford Payment of Court Costs), and post the bond the judge sets in the signed order. A judge can sign the same day, sometimes within hours, and the order lasts up to 14 days while you wait for a temporary injunction hearing. The application has to be tight. A vague affidavit or a proposed order that just points back to your petition gives the judge a reason to deny it.
What To Gather Before You File
Pulling the paperwork together before you sit down with the form saves time and avoids a rejection at the counter. You need:
- Full legal names and current addresses for you and the respondent, matching earlier filings exactly.
- The cause number, if you already have an open case. It goes at the top of every document so the clerk routes your filing to the correct court.
- A verified petition or complaint. Texas Rule of Civil Procedure 680 requires the facts supporting a TRO to appear in an affidavit or verified complaint, meaning a document you sign under oath.1Texas Judicial Branch. Texas Rules of Civil Procedure – Rule 680
- A separate affidavit of specific facts laying out exactly what the respondent has done or is about to do, why the harm would be irreparable, and why you cannot wait for a hearing with notice. Concrete facts, dates, and descriptions. Generalities won’t work.
- A proposed order for the judge to sign. This is the document that actually restrains the respondent, so it has to spell out each prohibited act.
- Supporting evidence: photos, text messages, contracts, financial records, anything that corroborates the threat. Organize it chronologically.
If you are requesting the order without advance notice to the other side, an ex parte request, the affidavit has to explain why even a short delay for notice would cause harm. Judges take ex parte orders seriously because they affect someone’s rights without a chance to respond, so that explanation needs to be specific.
Affidavits are typically signed in front of a notary public.2Texas Law Help. General Affidavits Texas Civil Practice and Remedies Code Section 132.001 also lets you use an unsworn declaration in place of a notarized affidavit in most court filings.3State of Texas. Texas Code Civil Practice and Remedies Code 132.001 An unsworn declaration is signed under penalty of perjury and does not require a notary, which helps if you need to file on short notice. It must include the date and your statement that the contents are true and correct under penalty of perjury.
Where the Form Comes From
Texas does not have a single universal TRO form. Texas Law Help provides downloadable templates for family law cases involving children, including suits affecting the parent-child relationship (SAPCR) and modifications.4Texas Law Help. Temporary Restraining Order and Order Setting Hearing For non-family civil disputes such as business conflicts, property disagreements, or contract breaches, there is no statewide template. You either draft the application yourself or use a form from your local district clerk.
Call or visit your county’s district clerk before filing. Many district courts have local rules requiring specific formatting, cover sheets, or additional attachments that a generic template will not include. Using a form that doesn’t match the local court’s expectations is one of the most common reasons TRO applications get bounced back without being reviewed. The clerk can also tell you whether the court wants a particular proposed-order format or a standing-order attachment for your type of case.
Drafting the Application and Proposed Order
Start with the header: county, court number if assigned, and cause number for any existing case. List applicant and respondent by full legal name as those names appear in earlier filings. Mismatches cause processing delays.
The description of the acts you want restrained is where applications fail. Under Texas Rule of Civil Procedure 683, the order must describe the prohibited conduct “in reasonable detail” and cannot simply refer back to your petition.5Texas Judicial Branch. Texas Rules of Civil Procedure – Rule 683 The proposed order itself has to spell out each specific act. “Respondent shall not transfer, sell, or encumber the property at [address]” works. “Respondent shall not do the things described in the petition” does not. A vague proposed order can be denied outright, or thrown out later even after it’s signed.
Fill every blank field. Court staff will flag incomplete forms, and in an emergency filing a delay of even a few hours defeats the purpose. Type your entries if you can. Handwritten forms are accepted but slower to review.
Filing and Fees
Attorneys must file electronically through the eFileTexas portal. Self-represented litigants are encouraged to e-file but are not required to; you can still file paper copies in person at the district clerk’s office.6eFileTexas.gov. Frequently Asked Questions
If you are filing a new civil case along with your TRO application, the base filing fee in Texas district courts is $350, composed of a $213 local consolidated fee and a $137 state consolidated fee.7Texas Judicial Branch. District Court Civil Filing Fees If the TRO is a subsequent motion in an existing case, the fee is $80. Individual counties may add small additional charges, so confirm the exact amount with your clerk before filing.
If you cannot afford the fee, file a Statement of Inability to Afford Payment of Court Costs under Texas Rule of Civil Procedure 145. The statement must be sworn, signed before a notary or made under penalty of perjury, and it covers all court costs rather than just the initial filing fee.8South Texas College of Law. Texas Rules of Civil Procedure Rule 145 – Payment of Costs Not Required
After the clerk processes your submission and collects the fee (or accepts your inability-to-pay statement), the case goes to a court and the documents move to the judge’s chambers. Stay available. The judge may want to ask you questions before signing, and in some courts, particularly for ex parte requests, you may be called in for a brief hearing the same day.
The Bond You Must Post
Before the TRO takes effect, the judge will almost certainly require you to post a bond. Texas Rule of Civil Procedure 684 requires the court to set the bond amount in the order itself, and you must file the bond with the clerk before the order issues.9South Texas College of Law Houston. Texas Rules of Civil Procedure Rule 684 – Applicants Bond There is no fixed statutory minimum. The judge sets the amount based on the potential financial harm to the respondent if the order was wrongly granted. In a dispute over a low-value contract, the bond might be a few hundred dollars. In a case involving real estate or a business operation, it can run into the thousands.
The bond protects the respondent. If the court later finds the TRO should not have issued, the respondent can recover losses from it. A TRO issued without a bond is generally void, so do not skip this step. If you are indigent and the case involves stopping a foreclosure on your home, Texas Civil Practice and Remedies Code Section 65.044 lets the court waive the bond requirement, but you must file an affidavit of inability to pay that meets the statutory requirements.10State of Texas. Texas Civil Practice and Remedies Code 65-044 – Contest of Affidavit
Getting the Order Served
Once the judge signs, you must arrange for the respondent to receive formal notice. A constable or certified private process server delivers the order, the underlying petition, and the hearing notice to the respondent in person. The respondent is not bound by the order until they have actual notice of it, so prompt service matters. Texas constables typically charge between $80 and $100 for civil service of process, though fees vary by county. Private process servers may charge more or less depending on how hard the respondent is to locate.
How Long the Order Lasts and How To Extend It
A TRO expires by its own terms within the time period the judge sets, which cannot exceed 14 days from the date it was signed.1Texas Judicial Branch. Texas Rules of Civil Procedure – Rule 680 The order will include a specific date and time for a temporary injunction hearing, where both sides present evidence and the judge decides whether to continue the restrictions.
If you need more time before the hearing, the court can extend the TRO for one additional period of up to 14 days on a showing of good cause. The extension must be in writing; an oral extension from the bench has no effect. The reasons must be entered into the court record. Only one extension is allowed unless the respondent consents or does not oppose additional extensions.11South Texas College of Law Houston. Texas Rules of Civil Procedure Rule 680 – Temporary Restraining Order
If you obtain the TRO and then fail to go forward with the temporary injunction application at the scheduled hearing, the court will dissolve the order. There is no option to simply let it ride. You either prosecute the case or lose the restraint.
If the Respondent Moves To Dissolve
The respondent does not have to wait for the injunction hearing to challenge the order. Under Rule 680, the respondent can file a motion to dissolve or modify the TRO on as little as two days’ notice to you, or even shorter notice if the court allows. Once that motion is filed, the court must hear it promptly.1Texas Judicial Branch. Texas Rules of Civil Procedure – Rule 680 Common grounds include a failure to show irreparable harm, overly broad language, or changed circumstances that make the restraint unnecessary. Be prepared to defend the order at that hearing with the same evidence you presented in your original application, and ideally with more.