When a dispute involves conduct that threatens immediate and lasting harm, waiting for a lawsuit to conclude may not be an option. Texas courts can issue orders requiring a party to stop harmful activity or refrain from taking certain actions while the case is pending. This type of relief may be sought on an emergency basis as a temporary restraining order (TRO), on a non-emergency basis as a temporary injunction while the case is pending, or as a permanent injunction as part of the judge’s final orders. In some instances, we may seek all three in succession. Using emergency and injunctive relief strategically can help protect our clients from unnecessary harm, in some instances, mitigating the long-term damage of a dispute. If urgent court intervention is necessary, contact Kretzer & Arnett.
We know that time may be of the essence, so expect a prompt response when you call our office. Our attorneys can help clients seek Temporary Restraining Orders, temporary injunctions, and permanent injunctions in Texas state courts and, when appropriate, in federal court.
A temporary restraining order is emergency relief designed to stop harmful conduct before a full hearing can be held. TROs are typically requested when a delay would cause immediate and irreparable harm. It may be important to the future of your business to ensure that a harmful activity by the other party in a matter pending before a Texas court is stopped, even before the case can be completed, or to make sure that this party is prevented from taking an action that might harm your business while the case is still underway. When time permits, the usual procedure in these cases is to file a motion with the court requesting injunctive relief and setting it for a hearing; essentially, this means asking the court to issue an order prohibiting the other party from taking the action or engaging in the activity to which your business objects.
Where time does not permit and time is of the essence, attorneys may seek a temporary restraining order (TRO) on an ex parte basis instead. This means the court may act without first hearing from the opposing party.
Under Rule 680 of the Texas Rules of Civil Procedure (TRCP), ex parte TROs are subject to strict requirements and procedural safeguards. If granted, a TRO takes effect immediately and lasts no more than 14 days (unless extended once by the court for good cause), and requires a prompt hearing to determine whether longer-term relief is appropriate.
Because TROs are considered an extraordinary remedy, courts require precise filings and strong factual support demonstrating imminent harm.
Although TROs and injunctions are both court orders designed to prevent an action or pause some form of conduct, they differ in duration and procedure. We may seek both TROs and temporary and permanent injunctions in the course of litigation on behalf of a client.
Temporary Injunctions may be granted after a hearing where both parties have an opportunity to present arguments and evidence. Temporary injunctions typically remain in place until the case is resolved or until further order of the court.
To obtain a temporary injunction, the requesting party must show 1) a probable right to recover on the underlying claim, 2) a probable imminent and irreparable injury, and 3) no adequate remedy at law.
Temporary Injunctions are mini-trials that include extensive presentations of evidence.
A permanent injunction may be entered as part of the final judgment after trial. If the party seeking injunctive relief prevails on the merits and proves ongoing or future harm, the court may order long-term restrictions on certain conduct.
While courts may issue permanent injunctions without prior temporary orders, it is common for temporary injunctions to become permanent when the requesting party succeeds at trial.
Permanent injunctions can have lasting consequences, making careful legal planning essential when shaping final relief.
Emergency and Injunctive remedies are commonly sought in cases involving:
When used effectively, injunctive relief can prevent irreversible harm and preserve rights while the underlying legal claims are resolved.
If you are facing immediate harm or the threat of irreversible damage, waiting may permanently affect your legal position. Courts expect parties seeking emergency relief to act quickly and to present clear evidence of urgency.
At Kretzer & Arnett, our attorneys assist clients in pursuing TROs and injunctions throughout Houston and across Texas. We evaluate whether emergency relief is appropriate, prepare the necessary filings, and represent clients at expedited hearings.
Schedule a consultation with a Texas Injunction Attorney and determine whether emergency court action is necessary in your case.
