Emergency Orders in Divorce Cases

by Jennifer Hargrave - Dallas Divorce Attorney | Mar 13, 2025

Emergency Orders in Family Law: What You Need to Know

When a family law matter becomes urgent, knowing how to act quickly can make all the difference. Whether it’s protecting yourself, your children, or your financial stability, emergency orders provide immediate legal relief in high-stakes situations.

In a recent episode of the Jennifer Hargrave Show, Jennifer Hargrave sat down with LaQuisha “Q” Batson, an attorney at Hargrave Family Law, to break down the different types of emergency orders, how they work, and what to do if you need one—or find yourself on the receiving end.

What are Emergency Orders in Family Law?

Not all legal matters can wait for a full court hearing. In urgent situations, Texas law allows for emergency orders that provide temporary protection until a judge can hear the full case.

LaQuisha Batson explains there are three main types of emergency orders:

Temporary Restraining Orders (TROs) – These orders prevent someone from taking a specific action, such as moving a child out of state, draining a bank account, or selling property. A judge can issue a TRO without notifying the other party (ex parte) if there is an immediate risk of harm.
Temporary Injunctions – These are similar to TROs but last longer and require a hearing where both parties can present evidence.
Protective Orders – These orders provide legal protection from a person who has committed or threatened violence, preventing them from contacting or coming near the victim.

Each of these orders plays a crucial role in protecting people and assets during family law disputes. But how do you obtain one?

How to Obtain an Emergency Order

If you need to request a Temporary Restraining Order (TRO), here’s what the process typically looks like:

File an application – A TRO must be part of an active case, such as a divorce or custody dispute.
Submit a sworn affidavit – The court requires written proof that immediate and irreparable harm will occur without the order.
Request a judge’s review – In Dallas County, attorneys often “walk through” TROs for quick approval.

Since TROs are granted without the other party being present, they are only temporary. A full hearing is scheduled soon after to determine if the order should become a Temporary Injunction, which can remain in place for the duration of the case.

What to Do If You’re Served with a TRO

Receiving a Temporary Restraining Order can be overwhelming, especially if it restricts access to your children or home. The most important thing to remember, according to Batson, is to stay calm and follow the order.

Do not violate the TRO – Ignoring the order can lead to contempt of court or legal penalties.
Consult an attorney immediately – A lawyer can help challenge the order or seek modifications if it was issued unfairly.
Prepare for the hearing – TROs are temporary, meaning a court hearing will soon determine the next steps.

Jennifer Hargrave emphasizes that “the T in TRO stands for temporary—it does not mean permanent. But this is the time to seek legal advice to protect your rights.”

Understanding Family Violence Protective Orders

For individuals facing domestic violence or serious threats, a Protective Order provides a stronger level of protection than a TRO.

A Family Violence Protective Order can restrict an abuser from:
✔ Contacting the victim
✔ Entering the victim’s home or workplace
✔ Possessing firearms
✔ Making threats or committing further harm

Unlike TROs, a protective order does not require an active divorce or custody case. It can be requested on its own and remains in effect for up to two years—or longer in severe cases.

To obtain a protective order, the court looks for evidence of abuse, including:

Text messages or emails containing threats
Recorded statements or video footage
Police reports or 911 calls
Witness testimony

Once granted, law enforcement is immediately notified, and violating the order can lead to criminal charges.

What Happens at the Protective Order Hearing?

After a temporary ex parte protective order is issued, the court sets a hearing date where both sides can present evidence. If granted, the judge will issue a Final Protective Order, which can have serious legal consequences, including:

Custody and visitation restrictions
Financial support obligations
Potential criminal penalties if violated

“If you’ve been served with a protective order,” Batson explains, “take it seriously. Judges have broad discretion, and these orders can affect everything from custody to housing.”

Protecting Yourself and Your Future

Whether you’re seeking protection or responding to an emergency order, legal guidance is crucial. Hargrave Family Law is dedicated to helping families navigate these difficult situations with compassion and expertise.

As Jennifer Hargrave reminds us, “There is hope. The legal system is a tool that can help you build a safer, more secure future.”

If you are seeking support lease schedule a Complimentary Case Evaluation.

Podcast Transcript

Jennifer Hargrave:
It’s not unusual in family law cases for one party to request emergency orders to protect themselves, their children, or their property. In these situations, it’s critical to have an experienced family law attorney who understands how to access the courts and obtain the necessary protections.

My guest today is LaQuisha Batson—also known as “Q”—an attorney with Hargrave Family Law. She joins us to discuss emergency orders, when they are necessary, and how they work.

Jennifer Hargrave:
Q, tell us a little about your background and how you came into family law.

LaQuisha Batson:
Sure. I’ve been practicing law since 2020, but law is actually my second career. I started out as a federal probation officer before transitioning to law. My legal career began in the criminal system as a prosecutor, where I focused on domestic violence cases and general misdemeanors. But family law has always been my passion. During law school, I worked for a family law firm and realized this was the right path for me.

Jennifer Hargrave:
We’re so glad to have you on our team! Now, let’s talk about the different types of emergency orders people can seek.

LaQuisha Batson:
There are three main types:

Temporary Restraining Orders (TROs) – These prevent someone from taking specific actions, such as moving a child out of state, draining bank accounts, or disposing of marital property. TROs can be issued without notifying the other party (ex parte) if there is an urgent need.
Temporary Injunctions – Similar to TROs but typically issued after a hearing, where both parties present their case. These remain in place for the duration of a case.
Protective Orders – These provide legal protection against someone who has committed or threatened violence.

Jennifer Hargrave:
Emergency orders are usually issued quickly, sometimes before a full hearing can take place. Can you walk us through the process of obtaining a TRO?

LaQuisha Batson:
Absolutely. A TRO can be requested on an ex parte basis, meaning the other person isn’t notified beforehand. The process typically includes:

Filing an application – A TRO must be filed along with an active case, like a divorce or child custody dispute.
Submitting a sworn affidavit – This affidavit must state that immediate and irreparable harm will occur without the order.
Requesting an emergency review – In Dallas County, attorneys often “walk through” TROs, meaning they present them directly to a judge for quick approval.

Since TROs are temporary, a full hearing follows where the court determines whether to extend or modify the order into a Temporary Injunction.

Jennifer Hargrave:
And what kind of situations usually require a TRO?

LaQuisha Batson:
Some common scenarios include:

A child custody emergency, such as a risk of harm or a parent planning to take the child out of the state.
A spouse draining bank accounts or disposing of marital assets before filing for divorce.
Substance abuse issues, where a parent may be engaging in reckless behavior around a child.

Jennifer Hargrave:
Now, let’s flip the situation—what if someone is served with a TRO?

LaQuisha Batson:
If you receive a TRO, the first thing to do is stay calm and follow the order.

Do NOT violate it – Ignoring the order can lead to contempt of court or other penalties.
Seek legal representation immediately – A lawyer can help challenge the order or seek modifications.
Prepare for the hearing – TROs are temporary, meaning a judge will review the case soon.

Jennifer Hargrave:
That’s a great point—TROs are temporary by design. Just because one is issued, doesn’t mean it will be made permanent.

Jennifer Hargrave:
Now, let’s shift gears and talk about Protective Orders, especially in cases of family violence. How are they different from TROs?

LaQuisha Batson:
Protective Orders offer stronger legal protections than TROs because they are issued in cases involving domestic violence or threats.

A Family Violence Protective Order can prohibit someone from:

✔ Contacting the victim
✔ Coming near their home or workplace
✔ Possessing firearms
✔ Making threats or committing further violence

Unlike TROs, a Protective Order does not require an ongoing divorce or custody case—it can be filed on its own.

Jennifer Hargrave:
What kind of evidence is needed to get a Protective Order?

LaQuisha Batson:
Judges look for clear evidence of danger, including:

Text messages or emails containing threats.
Recorded statements or videos of threatening behavior.
Witness testimony (from family, friends, or professionals).
Police reports or 911 call recordings.

Once granted, law enforcement is immediately notified, and violating the order can result in criminal charges.

Jennifer Hargrave:
What happens after a temporary ex parte protective order is issued?

LaQuisha Batson:
Once issued, a hearing date is set, where both parties present evidence. The judge then decides whether to issue a Final Protective Order, which can:

Restrict custody or visitation rights
Determine financial support obligations
Lead to criminal penalties if violated

Jennifer Hargrave:
So, if someone is served with a protective order, what should they do?

LaQuisha Batson:

Take it seriously – A Protective Order is a legal restriction, and violating it can lead to arrest.
Consult an attorney immediately – These cases are high stakes, and a lawyer can help navigate options.
Follow the order to avoid penalties – Even if you believe the order is unfair, violating it will only make things worse.

Jennifer Hargrave:
That’s an important reminder. Judges take family violence allegations very seriously, and these cases can have long-term consequences.

Jennifer Hargrave:
This has been such a helpful discussion, Q. Emergency orders—whether TROs, injunctions, or Protective Orders—play a critical role in family law cases. They help protect children, assets, and personal safety during difficult times.

LaQuisha Batson:
Absolutely. These orders are powerful tools that provide security and legal protection in urgent situations. But whether you’re requesting or responding to one, legal representation is crucial to ensuring the best outcome.

Jennifer Hargrave:
Thank you, Q, for sharing your knowledge and for the compassion you bring to your work.

LaQuisha Batson:
Thank you, Jennifer.

Jennifer Hargrave:
If you’d like to learn more about Q and her work, visit HargraveFamilyLaw.com.

Stay tuned for future episodes of the Hargrave Family Law podcast!

[Applause]

Compassionate Dallas Divorce Attorney Jennifer Stanton Hargrave

Compassionate Dallas Divorce Attorney, Jennifer Hargrave

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Hargrave Family Law – Compassionate Dallas Family Law Attorneys

Hargrave Family Law was founded by compassionate Dallas family law lawyer Jennifer Hargrave with a strong mission in mind. Using non-adversarial techniques, our firm advocates for you during this challenging life transition in a way that helps you protect what matters most. Reach out to our team of compassionate Dallas family law attorneys at Hargrave Family Law for the support you need to navigate divorce and other family law matters. We offer a complimentary case evaluation to start your journey with us. Together, we will work towards safeguarding the happiness and well-being of your family, allowing you to write your next chapter with hope.