A temporary restraining order is one of the most powerful tools in Texas business litigation. It is also one of the most demanding procedurally. A TRO has to be drafted right, filed quickly, supported by a verified petition or affidavit, and tied to specific facts that satisfy a four-element legal standard. Done well, it stops a partner from stealing the business, freezes a defendant’s wire transfer hours before it leaves the country, or shuts down a former employee’s use of stolen trade secrets while the underlying lawsuit plays out over the next two years.
Done badly, it gets denied. Sometimes it gets the lawyer sanctioned.
What follows is Texas TRO practice as it actually works in business cases, the Rule 680-687 framework, the four-element standard, the verified petition, the bond, the temporary injunction hearing that follows, and the disputes where TROs do the most work.
For a deeper treatment of all forms of Texas injunctive relief, see our firm’s dedicated practice site at dallasinjunctionlawyer.com. This page focuses specifically on the business case context.
The procedural framework: TRCP 680-687
Texas TRO practice is governed by Rules 680 through 687 of the Texas Rules of Civil Procedure.
Rule 680. Authorizes the granting of a TRO and sets the requirements for ex parte issuance (issuance without notice to the opposing party.
Rule 681. Governs the temporary injunction hearing that follows the TRO. Requires the court to set the hearing for the earliest possible date.
Rule 682. Specifies that an applicant for injunctive relief must file a verified petition or one supported by an affidavit setting forth specific facts.
Rule 683. Requires every order granting an injunction or TRO to specifically describe the conduct restrained and to state the reasons for the order.
Rule 684. Requires the applicant to file a bond. The court sets the amount.
Rule 686. Provides for the issuance of the writ to the sheriff or constable for service.
Rule 687. Specifies the requirements for the writ itself.
The rule that catches the most lawyers out is Rule 683. A TRO that fails to specifically describe the prohibited conduct, or that fails to state the reasons for granting the relief, is void on its face. Generalized prohibitions (“the defendant is restrained from any further wrongful conduct”) will not survive appeal. And increasingly will not survive even the temporary injunction hearing at the trial court level.
The four-element standard
To obtain a Texas TRO, and to win the temporary injunction hearing that follows, the applicant has to establish four elements:
A cause of action against the defendant. The applicant has to plead a substantive claim that, if proven, would entitle the applicant to relief. The TRO is preliminary relief in aid of an underlying cause of action; it is not a freestanding remedy.
A probable right to recover on that cause of action. The applicant has to make a prima facie showing of likely success on the merits. This is not a final adjudication. The court does not have to be convinced the applicant will win at trial. But the applicant has to show enough evidence of the right to recover that the court believes the merits favor the applicant.
A probable, imminent, and irreparable injury in the interim. The harm has to be (1) probable, not merely possible; (2) imminent, about to happen now rather than some indefinite point in the future; and (3) irreparable, meaning money damages assessed later cannot make the applicant whole. The irreparable harm requirement is where most TRO applications fail. The harm has to be something money cannot fix: loss of trade secrets, loss of customer relationships, loss of unique goodwill, dissipation of unique assets, breach of fiduciary trust.
No adequate remedy at law. Related to irreparable harm. If damages calculated and recovered at trial would put the applicant back where it started, injunctive relief is not appropriate. The applicant has to explain why the post-judgment remedy is inadequate to address the harm the TRO is preventing.
Each of these elements has to be supported by specific facts in the verified petition or supporting affidavit. Generalized allegations are not enough. A defendant who later challenges the TRO will scour the supporting papers for the specific factual showing on each element.
Verified petition or affidavit: the foundation document
The verified petition (or, where the petition is not verified, an accompanying affidavit) is the foundation of the TRO application. Texas Rule of Civil Procedure 682 requires it to set forth specific facts.
What “specific facts” means in practice:
- Names of specific people, dates of specific events, descriptions of specific documents or communications.
- Concrete factual allegations rather than legal conclusions. “The defendant has misappropriated trade secrets” is a legal conclusion. “On October 14, 2025, the defendant emailed himself twelve pricing documents marked confidential, then resigned the next morning to join a competitor” is a specific factual allegation.
- Evidence of harm: customer relationships at risk, dollar amounts of likely damage, specific trade secrets that have been or are about to be disclosed, specific assets that are about to be transferred.
A common pitfall in Texas TRO practice is the petition that reads as litigation rhetoric. Long passages of inflammatory characterization without specific factual content do not satisfy Rule 682 and generally do not get TROs issued in serious courts.
Ex parte vs. notice
A Texas TRO can be issued ex parte (without notice to the opposing party) but only in genuine emergencies. Rule 680 requires that specific facts in the affidavit or verified pleading show immediate and irreparable injury would result before the other party can be heard, and that the applicant’s attorney certify in writing the efforts made to give notice and why notice should not be required.
The practical reality: ex parte TROs are scrutinized carefully. Texas courts have grown increasingly resistant to issuing TROs without at least brief notice to the opposing party. The narrative that goes with an ex parte request (“we cannot notify them because they will move the money before the hearing”) needs to be backed by specific facts showing the defendant has done or is about to do exactly that.
Most TROs issued in Texas business cases today are issued after at least a few hours of notice or a brief hearing where opposing counsel appears. The exception is cases involving genuine imminent action: a wire transfer scheduled for the next morning, a competitor’s launch announcement, a destruction of evidence.
The bond requirement
Rule 684 requires the applicant for a TRO to post a bond in an amount the court sets. The bond is to compensate the defendant for any damages sustained if the TRO is later determined to have been wrongfully granted.
Bond amounts vary widely:
- Small business disputes: $1,000 to $25,000 is common
- Trade secret and non-compete cases against individual employees: $5,000 to $50,000
- Larger commercial cases: $50,000 to $250,000 or more
- Cases restraining substantial business operations or transactions: can run into seven figures
The court has substantial discretion in setting the bond. The applicant should be prepared to address the bond amount at the hearing: what amount the applicant can post and why a lower amount is appropriate given the limited scope of the restraint.
An applicant who is restrained from doing something can recover damages on the bond if it is later established the restraint was wrongful. This is not theoretical. Defendants whose business operations were halted by improperly granted TROs have recovered substantial damages on the bond.
Duration and extension
Under Rule 680, a TRO lasts up to 14 days from issuance. The court can extend it for one additional period of up to 14 days, but only on good cause shown or by consent of the parties.
Within the TRO period, the court schedules the temporary injunction hearing. The TRO is designed to hold the status quo only until the court can hear the temporary injunction application, a hearing with notice, evidence, and arguments on the merits of the preliminary relief.
The 14-day duration is real. A TRO issued on October 1 expires on October 15 unless extended. If the temporary injunction hearing cannot be held within that window and the parties have not agreed to extend, the applicant must seek an extension before expiration. TROs that expire by their terms cannot be retroactively revived.
What happens at the temporary injunction hearing
The temporary injunction hearing is the second act of the emergency relief process. It is a substantive evidentiary hearing. Witnesses testify, exhibits are introduced, both sides present argument on the four elements.
The standard is the same as for the TRO: cause of action, probable right to recover, probable and imminent irreparable injury, no adequate remedy at law. But the showing has to be substantiated by actual evidence rather than verified pleadings. The hearing typically runs anywhere from a few hours to multiple days, depending on the complexity.
If the plaintiff prevails, the court enters a temporary injunction that lasts until trial. If the plaintiff does not prevail, the TRO expires (if it has not already) and the case proceeds on the merits without preliminary relief. Either ruling is immediately appealable by interlocutory appeal under Texas Civil Practice and Remedies Code section 51.014(a)(4).
For deeper treatment, see Temporary Injunctions.
When TROs do the most work in business cases
Five recurring fact patterns where Texas TROs are the right remedy:
Non-compete and non-solicitation enforcement. A departed employee is working for a competitor, soliciting customers, or otherwise violating the covenant. The harm is loss of customer relationships, trade secret exposure, and competitive position. See Non-Compete Agreements Texas.
Trade secret misappropriation. A former employee, a former partner, a vendor, or another insider has taken proprietary information and is about to use or disclose it. The TRO stops the use and disclosure pending the temporary injunction hearing. See Trade Secret Misappropriation Under TUTSA.
Partnership and co-owner disputes. A partner is stealing, self-dealing, depleting cash, or otherwise damaging the business. The TRO restrains the offending conduct pending fuller relief. See Business Divorce and Partnership Theft and Misappropriation.
Fraudulent transfer of assets. A debtor or defendant is transferring assets to avoid a judgment, defeat a creditor, or defraud an investor. The TRO freezes the transfer pending the underlying claim. The same kind of relief shows up in our Dallas Fraudulent Transfer practice.
Disputes over business control. A control fight in a closely- held company. Each side claims authority to act on the company’s behalf. The TRO maintains the status quo until the court can determine which side is right.
The defendant’s side: when you have been served with a TRO
If you have been hit with a TRO, the response window is short. The TRO itself sets a date for the temporary injunction hearing, typically within 10 to 14 days. Everything important in the case happens in that window.
The defendant’s options:
Comply. A TRO is a court order. Violation is contempt. Even if the defendant believes the TRO is wrongful, the right move is generally to comply pending the temporary injunction hearing or a motion to dissolve.
Move to dissolve. A defendant can move to dissolve the TRO on the grounds that the underlying showing was inadequate, the TRO fails to satisfy Rule 683 specificity requirements, or circumstances have changed since issuance.
Defend the temporary injunction hearing. The TRO will expire on its own terms. The fight is at the temporary injunction hearing. The defendant needs to develop and present evidence rebutting the four elements.
Counterclaim or counter-TRO. Where the underlying dispute has two-sided merits, the defendant may have its own claims for emergency relief.
For the defendant-side playbook, see Responding to a TRO Against Your Texas Business.
The TRO is the opening move, not the win
TRO practice does not tolerate slow file opening or measured pacing. The verified petition gets drafted the day the client engages us. The supporting evidence gets developed in parallel. The filing happens when it needs to, including the same day. We draft to Rule 683 from the start, because vague prohibitions get reversed on appeal and undermine the case at the hearing; specific, narrowly-tailored restrictions are easier to obtain, easier to enforce, and harder to defeat. And we prepare for the temporary injunction hearing before the TRO even issues. That hearing, not the TRO, is where the case is actually won, so discovery, witnesses, exhibits, and briefing all start early. When a case feels like an emergency but cannot meet the four-element standard, we say so. A TRO that gets denied weakens everything after it.
The TRO buys days. Use them on the injunction hearing, which is the fight that decides the next two years. The earlier we start building it, the better it goes.
Frequently Asked Questions
What is a temporary restraining order in a Texas business case?
A temporary restraining order is an emergency court order that requires a party to stop or start doing something while a longer-term temporary injunction hearing is pending. Under Texas Rules of Civil Procedure 680-687, a TRO is available without notice in genuine emergencies and lasts up to 14 days, with one 14-day extension permitted. The TRO holds the status quo while the court evaluates whether to grant a temporary injunction.
What does a plaintiff have to prove to get a TRO in Texas?
Four things: (1) a cause of action against the defendant, (2) a probable right to recover on it, (3) a probable, imminent, and irreparable injury in the meantime if no order issues, and (4) the absence of an adequate remedy at law. The temporary injunction hearing that follows uses the same test. Every element has to rest on specific facts in a verified pleading or affidavit, not on general assertions.
Can I get a TRO without notice to the other side in Texas?
Yes, but only in a true emergency. Rule 680 permits a TRO with no notice, written or oral, when specific facts in a verified pleading or affidavit show immediate and irreparable injury before the other side could be heard, and counsel certifies in writing what was done to give notice and why it should be excused. Courts look hard at ex parte orders, and in practice most TROs in Texas business cases follow at least some brief notice.
How long does a TRO last in Texas?
A TRO in Texas is good for up to 14 days after it issues. It can be renewed once, for as long as another 14 days, but only on a showing of good cause or with the parties' agreement. During that window the court sets a temporary injunction hearing, and if the plaintiff wins there the relief can carry through to the end of the case.
Do I have to post a bond to get a TRO in Texas?
Yes. Rule 684 makes the applicant post a bond in whatever amount the court fixes. Its purpose is to cover the defendant's damages if the TRO later turns out to have been wrongly granted. How large it runs depends on how much being restrained could cost the defendant, and the court has wide discretion to set the figure.
When are TROs commonly used in Texas business litigation?
Most commonly to stop a former employee from violating a non-compete or non-solicitation covenant, to stop misappropriation or further disclosure of trade secrets, to prevent a partner or co-owner from depleting company assets, to halt a fraudulent transfer of assets to defeat a judgment, to prevent disclosure or destruction of evidence, and to preserve the status quo in cases involving disputed business control or governance.
What happens after a Texas TRO is granted?
The court sets a temporary injunction hearing inside the TRO window, usually 10 to 14 days out. There the plaintiff must again make the same four-element showing of a probable right. Win it, and the court issues a temporary injunction that holds until trial. Lose it, and the TRO lapses, with the case going forward on the merits but without the emergency order.