Emergency Custody Orders in San Antonio: TROs and Temporary Orders
When a child’s safety is genuinely at risk, Texas law allows a court to act immediately — sometimes without even notifying the other parent first. Understanding what an emergency order can actually accomplish, and what it can’t, matters both for a parent seeking protection and one who might be facing an order without warning.
What Qualifies as a Genuine Emergency
Not every urgent-feeling situation meets the legal bar for an emergency order. Under Texas Family Code Section 105.001, a court can issue a temporary restraining order without notice to the other parent only if it finds, from the pleadings or a supporting affidavit, that there’s a serious immediate question concerning the welfare of the child. That’s a meaningfully higher standard than what’s needed for an ordinary temporary order in a pending case — it requires real, specific facts suggesting the child faces genuine, immediate risk, not simply that one parent is upset or a routine dispute has escalated.
The Kinds of Situations That Actually Qualify
San Antonio courts see this provision invoked in cases involving credible evidence of family violence directed at a child or occurring in a child’s presence, evidence that a parent intends to remove a child from Bexar County or the state in a way that would interfere with the other parent’s rights, documented abuse or neglect creating immediate danger, and situations involving a parent’s substance abuse that puts a child at real risk.
What an Ex Parte Order Can and Cannot Do
An emergency TRO obtained without notice can restrict a parent’s access to the child, prohibit removing the child from the jurisdiction, or address other immediate safety concerns while the case moves toward a full hearing. What it cannot do is establish custody or child support directly, or exclude a spouse from the family residence — those require the fuller process of a temporary orders hearing, where both parents actually have the chance to be heard.
The Bond Requirement — And Why It’s Often Waived
Under Texas Rule of Civil Procedure 684, a TRO issued without a bond is technically void, since the bond exists to cover potential loss if the order is later found to have been wrongly obtained. In custody-specific TROs, though, courts frequently waive this bond requirement — a practical recognition that requiring a bond upfront could functionally block a parent with limited resources from seeking emergency protection for a child.
What Happens After the Order Is Granted
An ex parte order is a starting point, not a final resolution. The other parent must actually be served with the order before it becomes enforceable — until service happens, the protections it’s meant to provide aren’t yet legally in effect. Once served, Texas Family Code Section 105.001(h) requires that a hearing be set within a specified period following the ex parte order, giving the other parent a genuine opportunity to appear, contest the order, and present their own side. The parent who obtained the emergency order has to be prepared to support it with real evidence at that hearing — an ex parte order granted on one side’s account alone doesn’t automatically continue once both sides are actually heard.
How This Differs From a Protective Order
A TRO addresses immediate safety concerns within an ongoing custody case, but it’s a different tool from a formal protective order under Texas Family Code Chapter 85, which is specifically designed for situations involving family violence and offers broader, longer-lasting protections. If family violence is genuinely part of your situation, a protective order may serve you better than a TRO alone — this is exactly the kind of judgment call worth discussing directly with an attorney rather than assuming one tool fits every emergency.
Talk to a San Antonio Attorney About an Emergency Custody Situation
Barton & Associates’ Family Law Division represents parents across San Antonio and Bexar County who need to act quickly to protect a child, and we’re available around the clock for exactly these situations. Contact us for a free, confidential consultation about your specific circumstances.
Frequently Asked Questions
Can I Get an Emergency Custody Order Without the Other Parent Knowing in Advance?
Yes, if you can show the court there’s a serious immediate question concerning your child’s welfare — a real, specific risk, not just general urgency. This is a higher legal standard than an ordinary temporary order request, and the other parent will still get a prompt hearing to contest it once served.
Does a TRO Automatically Give Me Custody of My Child?
No — a TRO addresses immediate safety concerns and restrictions, but it cannot itself establish custody or child support. Those require a temporary orders hearing where both parents have the opportunity to be heard.
Do I Have to Post a Bond to Get an Emergency Custody TRO?
Technically, Texas law requires a bond for a TRO to be valid, but courts frequently waive this requirement in custody-specific cases, recognizing that requiring a bond upfront could prevent a parent with limited financial resources from seeking emergency protection for a child.
What Happens if I’m Served With an Emergency Order I Believe Is Unfair?
You have the right to a prompt hearing where you can appear and contest the order, and the parent who obtained it must be prepared to support it with actual evidence at that hearing — an emergency order isn’t the final word on your case.
Should I Seek a TRO or a Protective Order for a Family Violence Situation?
It depends on your specific circumstances, and this is worth discussing directly with an attorney. A protective order under Texas Family Code Chapter 85 is specifically designed for family violence situations and generally offers broader, longer-lasting protection than a TRO within an ongoing custody case.
Schedule a Free Consultation
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000
Division: Family Law San Antonio
Practice Area: Child Custody
Focus Area: Suit Affecting the Parent-Child Relationship (SAPCR)
