Financial Restraining Orders in a Divorce
Divorce is unquestionably an emotional process. During this stressful time, people occasionally act out in an effort to hurt their spouses. A spouse may withdraw money from bank accounts, cash out insurance policies or attempt to hide assets. To prevent this from happening, you can file a temporary restraining order (TRO) with a divorce.
At The Law Office of Gary L. Nickelson, we file TROs in every divorce case, when warranted, to keep people from taking any actions that may harm the other party. With our experience in Texas family law, we know how to protect you and your assets during a divorce.
How Temporary Restraining Orders Work
TROs are especially useful when there are significant assets at stake or when a divorce is highly contentious. With the court’s help, we can protect your rights during the divorce process.
A financial restraining order in a divorce can prevent a person from taking certain actions until a judge makes a ruling on the issue at a hearing. During a divorce, filing a financial restraining order is similar to freezing your accounts or other assets. No one can take action on the accounts while the order is in place.
The most common reasons to file a financial TRO include:
- Preventing the closing of financial accounts
- Preventing the withdrawal of money from accounts
- Preventing the transfer or sale of marital property
Judges can sign ex parte temporary restraining orders without holding a hearing. An ex parte TRO is typically valid for 14 days and may be extended for 14 additional days in some circumstances. During this period, a hearing is usually scheduled. At the hearing, a judge will decide whether the TRO will become an injunction that will be valid until a trial.