Skip to main content

Temporary Restraining Order, can I get my daughter?

Houston, TX |

I filed a TRO when I had physicial custody of my daughter based on abuse she suffered at the hands of her father's fiance. Her father has primary physical custody. The TRO was finally signed and a hearing date set, only issue is my daughter is now in her father's physical custody. Can I go get my daughter? What are my options?

Attorney Answers 2


Get a lawyer and see about a writ of attachment. If you tried to do this on your own, you made a major mistake. TROs have a limited life and will expire on their own. Trying to get legal advice on a website and do yourself what a lawyer would do compounds the mistake. Seriously, this is a matter requiring knowledge of the law, procedure, and evidence. Get professional help today and good luck. I suggest finding a board certified family law specialist to do this.

I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other isues.

Mark as helpful


You need to hire an attorney.

A TRO normally only lasts for 14 days. You should seek a writ of attachment and set temporary orders.

Eric Dick, LL.M.; Office: 832-207-2007; Cell: 713-498-7969; Email:; website: LEGAL DISCLAIMER: Mr. Dick is licensed to practice law in Texas and his office located in Harris County. Mr. Dick primarily practices law in Harris County and nearby counties and offers free consultations. Mr. Dick is ethically required to state that the response herein is not legal advice and does not create an attorney client relationship. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Often times the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Dick strongly advises the questioner to confer with an attorney in his or her state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency.

Mark as helpful

Child abuse topics

Recommended articles about Child abuse

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics