Sec. 6.501.  TEMPORARY RESTRAINING ORDER.  (a)  After the filing of a suit for dissolution of a marriage, on the motion of a party or on the court's own motion, the court may grant a temporary restraining order without notice to the adverse party for the preservation of the property and for the protection of the parties as necessary, including an order prohibiting one or both parties from:

(1)  intentionally communicating by telephone or in writing with the other party by use of vulgar, profane, obscene, or indecent language or in a coarse or offensive manner, with intent to annoy or alarm the other;

(2)  threatening the other, by telephone or in writing, to take unlawful action against any person, intending by this action to annoy or alarm the other;

(3)  placing a telephone call, anonymously, at an unreasonable hour, in an offensive and repetitious manner, or without a legitimate purpose of communication with the intent to annoy or alarm the other;

(4)  intentionally, knowingly, or recklessly causing bodily injury to the other or to a child of either party;

(5)  threatening the other or a child of either party with imminent bodily injury;

(6)  intentionally, knowingly, or recklessly destroying, removing, concealing, encumbering, transferring, or otherwise harming or reducing the value of the property of the parties or either party with intent to obstruct the authority of the court to order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage;

(7)  intentionally falsifying a writing or record relating to the property of either party;

(8)  intentionally misrepresenting or refusing to disclose to the other party or to the court, on proper request, the existence, amount, or location of any property of the parties or either party;

(9)  intentionally or knowingly damaging or destroying the tangible property of the parties or either party;  or

(10)  intentionally or knowingly tampering with the tangible property of the parties or either party and causing pecuniary loss or substantial inconvenience to the other.

(b)  A temporary restraining order under this subchapter may not include a provision:

(1)  the subject of which is a requirement, appointment, award, or other order listed in Section 64.104, Civil Practice and Remedies Code;  or

(2)  that:

(A)  excludes a spouse from occupancy of the residence where that spouse is living except as provided in a protective order made in accordance with Title 4; 

(B)  prohibits a party from spending funds for reasonable and necessary living expenses;  or

(C)  prohibits a party from engaging in acts reasonable and necessary to conduct that party's usual business and occupation.

San Antonio Attorney Arthur G. Augustine can be found on: Google | Yahoo | Bing | Merchant Circle | Manta | Justia | YP.com | Yelp | HelloSanAntonio.com | Avvo | Merchant-Blog | CitySearch |