What to Do When Served with an Emergency Temporary Restraining Order in Texas

The Anatomy of a Texas TRO: Why Speed Is Everything

Receiving an emergency Temporary Restraining Order (TRO) is one of the most disruptive events a business or executive can confront. Under Texas Rule of Civil Procedure 680, a judge can grant an ex parte TRO without prior notice to you if the applicant demonstrates that immediate and irreparable injury will occur before a hearing can be held.

However, a TRO is temporary. Under Texas law, an ex parte restraining order expires after 14 days unless extended by court order or mutual agreement. The court will immediately set a hearing for a Temporary Injunction, which requires full evidentiary presentation and witness testimony. The actions you take in the first 48 hours determine whether your business continues normal operations or suffers devastating operational freezes.

Immediate Steps in the First 24 to 48 Hours

When served with a TRO, you must act decisively and avoid common procedural pitfalls:

• Do Not Violate the Order: Even if you believe the TRO was granted on false allegations, disobeying a signed court order can result in severe contempt sanctions, fines, or evidentiary penalties.
• Implement a Strict Document & Evidence Hold: Immediately preserve emails, server logs, phone records, and communications to prevent adverse spoliation claims.
• Verify Statutory Bond Requirements: Under Tex. R. Civ. P. 684, an injunction is void if the applicant failed to post the statutory bond ordered by the court.
• File an Immediate Motion to Dissolve or Modify: Under Rule 688, adverse parties can move on two days' notice to dissolve or narrow overly broad restraining terms.

Challenging the Injunction at the Evidentiary Hearing

A Temporary Injunction requires the applicant to prove three elements: (1) a cause of action against the defendant; (2) a probable right to the relief sought; and (3) a probable, imminent, and irreparable injury in the interim.

Our trial team attacks the applicant's evidentiary record by demonstrating that alleged harms can be fully quantified and redressed through monetary damages, disproving the legal requirement of irreparable injury. We also challenge vague or overbroad restraining terms that exceed statutory limits.

How Mousilli Law Protects Commercial Clients

At Mousilli Law, our trial lawyers regularly draft, argue, and defend against emergency TROs across Texas State District Courts and Federal Benches. We move rapidly to assemble counter-affidavits, depose key adverse witnesses on an expedited schedule, and ensure your enterprise maintains operational continuity.