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| | Procedural Requirements for Temporary Orders |
The ordinary civil rules applying to temporary restraining orders and temporary injunctions are not applicable in SAPCR cases for most temporary orders. Most types of temporary restraining orders and temporary injunctions are to be granted in SAPCR cases without the necessity of an affidavit or verified pleading stating specific facts showing that immediate and irreparable injury, loss, or damage will result before notice can be served and a hearing held.
When verified pleading or affidavit is required.
Orders of the following types may not be granted without a verified pleading or affidavit in accordance with the Texas Rules of Civil Procedure:
- Attaching the body of a child.
- Taking the child into the possession of the court or of a parent designated by the court.
- Excluding a parent from possession of or access to a child.
When notice and hearing are required.
Orders for temporary conservatorship, temporary support, or payment of attorney's fees and expenses may not be made except after notice and hearing.
Contents of TRO.
A temporary restraining order in a SAPCR proceeding need not define the injury to which the order is addressed, state why the injury is irreparable, state why the order was granted without notice, or include an order setting the cause for trial on the merits.
Bond.
In making temporary orders in SAPCR proceedings, a court may dispense with the requirement of a bond if the order is made on behalf of a child.
Trial setting.
The court is not required to set the cause for trial on the merits at the time of making the temporary order as is the case with temporary injunctions in civil cases generally.
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