Injunctive relief in Texas is a court order that requires a person or business to stop doing something, or less often to take a specific action, when money damages alone can’t fix the problem. Texas courts issue three main forms of these orders — temporary restraining orders, temporary injunctions, and permanent injunctions — and each has its own proof requirements, timelines, and procedural rules. Ignoring one leads to contempt of court, which can mean fines, jail, or both.
The Three Types of Injunctions in Texas
Which order a court issues depends on how urgent the situation is, how far along the lawsuit is, and whether the relief is meant to hold the line temporarily or settle things for good.
Temporary Restraining Order
A temporary restraining order, or TRO, is the fastest option. A judge can sign one without notifying the other side if waiting would cause irreparable harm in the meantime. Under Rule 680 of the Texas Rules of Civil Procedure, a TRO expires no later than 14 days after it’s signed, though the judge can set a shorter window. The court can extend it once for another 14 days on a showing of good cause, or longer if the restrained party agrees.1Court Rules Network. Texas Rule of Civil Procedure 680 – Temporary Restraining Order
To get one, you file a sworn petition explaining why the harm is imminent and why money damages wouldn’t be enough. Courts almost always require a bond before the order takes effect. TROs show up frequently in business disputes, property fights, and family violence cases, where a few unchecked days can cause damage no later order can undo.
Temporary Injunction
A temporary injunction picks up where a TRO leaves off and keeps protections in place until the case goes to trial. Unlike a TRO, it requires an evidentiary hearing where both sides present testimony and evidence. The person seeking the injunction has to show a probable right to recover on the underlying claim, plus probable, imminent, and irreparable harm without the order.
Rule 683 requires every temporary injunction to state the reasons for issuance, describe the restrained conduct in reasonable detail, and set the case for trial on the merits. The order binds only parties who receive actual notice.2South Texas College of Law. Texas Rule of Civil Procedure 683 – Form and Scope of Injunction or Restraining Order Courts that skip these requirements risk having the injunction voided on appeal. Non-compete disputes, intellectual property fights, and mid-performance contract breaches are common territory for these orders.
Permanent Injunction
A permanent injunction is part of a final judgment and stays in effect indefinitely unless a later court modifies or dissolves it. Because it’s the ultimate remedy, judges grant one only after a full trial in which the applicant proves that legal remedies like money damages are genuinely inadequate. Environmental contamination, repeated trade secret theft, and persistent contract violations are typical scenarios. Violating a permanent injunction carries the same contempt consequences as violating any other court order.
What You Have to Prove
Texas courts treat injunctive relief as an extraordinary remedy, not something handed out on request. The applicant carries the burden, and falling short on any one element sinks the whole thing.
You need a viable underlying claim first — a breach of contract, a property rights violation, or some other recognized legal wrong. Courts don’t issue injunctions on speculation. You have to show a substantial likelihood of actually winning the case, backed by enough evidence at the hearing to convince the judge your claim has real merit.
Then comes irreparable harm, which is the heart of any injunction request. The harm has to be the kind money can’t adequately fix: trade secrets already in a competitor’s hands, destruction of unique property, environmental damage that can’t be reversed. Hypothetical or remote harm won’t do. Judges want to see that the damage is real, imminent, and ongoing.3Houston Law Review. Preliminary Injunctions in Public Law – The Merits
Finally, the court weighs the balance of equities, asking whether the injunction would hurt the restrained party more than denying it would hurt the applicant. If shutting down someone’s business to protect a minor contractual right seems disproportionate, the request will likely fail. Many petitions fall apart at this step because the applicant focuses on their own harm and ignores the fallout on the other side.
Prohibitory vs. Mandatory Orders
Most injunctions are prohibitory, meaning they tell someone to stop. A mandatory injunction compels someone to act, like restoring property to its original condition or turning over specific documents. Texas courts are considerably more reluctant to issue mandatory orders because forcing someone to do something raises more practical and constitutional problems than telling them to stand down. Expect a higher burden of proof and more judicial skepticism if you’re asking a court to compel action.
How to File for an Injunction
The process starts with a verified petition filed in the appropriate Texas district court. Under Rule 682, the petition must be verified by affidavit and contain a clear statement of the grounds for relief.4South Texas College of Law. Texas Rule of Civil Procedure 682 – Sworn Petition Vague allegations won’t fly. The petition needs to spell out what specific conduct you want stopped and why money damages aren’t enough.
Unless you’re seeking an emergency TRO without notice, you have to serve the other party under Rule 21a. Documents filed electronically must go through the electronic filing manager if the other party’s email is on file; other documents can be served in person, by mail, by commercial delivery, by fax, or by email.5South Texas College of Law. Texas Rule of Civil Procedure 21a – Methods of Service Improper service can delay the case or get the petition dismissed.
For a temporary injunction, the court schedules an evidentiary hearing. Both sides present witnesses, affidavits, and documents. The opposing party can argue that money damages would be enough, that the requested relief is too broad, or that the applicant sat on their rights too long to justify emergency intervention. If the judge grants the injunction, the written order has to satisfy Rule 683’s specificity requirements and set the case for trial on the merits.
Bond Requirements
Before a TRO or temporary injunction takes effect, the applicant has to post a bond. Rule 684 requires the court to set the bond amount in the order itself, and the applicant has to file the bond with the clerk before the order issues.6South Texas College of Law. Texas Rule of Civil Procedure 684 – Applicant’s Bond The bond protects the restrained party: if the injunction is later dissolved, it covers damages and costs from the wrongful restraint. Amounts vary widely — a few thousand dollars in a minor property dispute, hundreds of thousands in a complex business case. The requirement isn’t optional. If you can’t post the bond, you don’t get the order.
Appealing a Temporary Injunction
Texas allows an immediate appeal of a temporary injunction without waiting for final judgment. Under Section 51.014 of the Texas Civil Practice and Remedies Code, either party can file an interlocutory appeal from an order granting or refusing a temporary injunction, or granting or overruling a motion to dissolve one.7State of Texas. Texas Code Civil Practice and Remedies – Section 51.014
This matters because temporary injunctions can stay in place for months or years while a case waits for trial. If you’re the restrained party and the order is shutting down part of your business, you can’t afford to sit and wait. Appellate courts review temporary injunctions for abuse of discretion, meaning they won’t second-guess every factual finding but will reverse if the trial court applied the wrong legal standard or reached a clearly unreasonable result. Filing the appeal doesn’t automatically pause the injunction. You’d need to request a stay from the appellate court or post a supersedeas bond.
What Happens If Someone Violates the Order
Ignoring a Texas injunction leads to contempt of court in one of two flavors. Civil contempt is designed to force compliance — the penalty ends once the violator starts following the order. Criminal contempt is punitive, imposed for the violation itself.
Under Section 21.002 of the Texas Government Code, a single act of contempt in a district or county court can bring a fine of up to $500, confinement in the county jail for up to six months, or both. Multiple violations can stack. Criminal contempt confinement is capped at 18 months total across findings arising from the same matter, and civil contempt confinement is capped at the lesser of 18 months or the date the violator finally complies.8State of Texas. Texas Code Government – Section 21.002
Beyond contempt, a violation can trigger separate liability for any financial harm the breach causes. Courts can also modify the injunction, freeze assets, impose escalating daily fines, or direct sheriffs and constables to physically enforce the order — vacating property, halting operations, or detaining a noncompliant party under a bench warrant.
Protective order violations sit in a separate, tougher category. Under Section 25.07 of the Texas Penal Code, violating a protective order tied to family violence, stalking, or sexual assault is a Class A misdemeanor punishable by up to a year in jail. The offense becomes a state jail felony under certain conditions, including violation while possessing a deadly weapon. It rises to a third-degree felony, carrying two to ten years in prison, if the defendant has two or more prior convictions for protective order violations, or if the violation involved an assault or stalking.9State of Texas. Texas Code Penal Code – Section 25.07 For businesses, ignoring an injunction can lead to asset seizures or court-ordered operational shutdowns if the violation is serious enough.