Darrell W. Cook & Associates
A Professional Corporation
5005 Greenville Avenue, Suite 200, Dallas, Texas 75206
The Texas Law
The procedure for obtaining a Texas Temporary Restraining Order, Temporary Injunction and Permanent Injunction is contained in the Texas Rules of Civil Procedure §680 - §693. These rules are provided here for your reference:
Tex. R. Civ. P. 680
Temporary Restraining Order
temporary restraining order shall be granted without notice to the
adverse party unless it clearly appears from specific facts shown by
affidavit or by the verified complaint that immediate and irreparable
injury, loss, or damage will result to the applicant before notice can
be served and a hearing had thereon. Every temporary restraining order
granted without notice shall be endorsed with the date and hour of
issuance; shall be filed forthwith in the clerk's office and entered
of record; shall define the injury and state why it is irreparable and
why the order was granted without notice; and shall expire by its
terms within such time after signing, not to exceed fourteen days, as
the court fixes, unless within the time so fixed the order, for good
cause shown, is extended for a like period or unless the party against
whom the order is directed consents that it may be extended for a
longer period. The reasons for the extension shall be entered of
record. No more than one extension may be granted unless subsequent
extensions are unopposed. In case a temporary restraining order is
granted without notice, the application for a temporary injunction
shall be set down for hearing at the earliest possible date and takes
precedence of all matters except older matters of the same character;
and when the application comes on for hearing the party who obtained
the temporary restraining order shall proceed with the application for
a temporary injunction and, if he does not do so, the court shall
dissolve the temporary restraining order. On two days' notice to the
party who obtained the temporary restraining order without notice or
on such shorter notice to that party as the court may prescribe, the
adverse party may appear and move its dissolution or modification and
in that event the court shall proceed to hear and determine such
motion as expeditiously as the ends of justice require.
Tex. R. Civ. P. 681
Temporary Injunctions: Notice
No temporary injunction shall be issued without notice to the adverse party.
Tex. R. Civ. P. 682
No writ of injunction shall be granted unless the applicant therefor shall present his petition to the judge verified by his affidavit and containing a plain and intelligible statement of the grounds for such relief.
Tex. R. Civ. P. 683
Form and Scope of Injunction or Restraining Order
order granting an injunction and every restraining order shall set
forth the reasons for its issuance; shall be specific in terms; shall
describe in reasonable detail and not by reference to the complaint or
other document, the act or acts sought to be restrained; and is
binding only upon the parties to the action, their officers, agents,
servants, employees, and attorneys, and upon those persons in active
concert or participation with them who receive actual notice of the
order by personal service or otherwise.
Tex. R. Civ. P. 684
the order granting any temporary restraining order or temporary
injunction, the court shall fix the amount of security to be given by
the applicant. Before the issuance of the temporary restraining order
or temporary injunction the applicant shall execute and file with the
clerk a bond to the adverse party, with two or more good and
sufficient sureties, to be approved by the clerk, in the sum fixed by
the judge, conditioned that the applicant will abide the decision
which may be made in the cause, and that he will pay all sums of money
and costs that may be adjudged against him if the restraining order or
temporary injunction shall be dissolved in whole or in part.
Tex. R. Civ. P. 685
Filing and Docketing
Tex. R. Civ. P. 686
Upon the filing of such petition and order not pertaining to a suit pending in the court, the clerk of such court shall issue a citation to the defendant as in other civil cases, which shall be served and returned in like manner as ordinary citations issued from said court; provided, however, that when a temporary restraining order is issued and is accompanied with a true copy of plaintiff's petition, it shall not be necessary for the citation in the original suit to be accompanied with a copy of plaintiff's petition, nor contain a statement of the nature of plaintiff's demand, but it shall be sufficient for said citation to refer to plaintiff's claim as set forth in a true copy of plaintiff's petition which accompanies the temporary restraining order; and provided further that the court may have a hearing upon an application for a temporary restraining order or temporary injunction at such time and upon such reasonable notice given in such manner as the court may direct.
Tex. R. Civ. P. 687
Requisites of Writ
writ of injunction shall be sufficient if it contains substantially
the following requisites:
Tex. R. Civ. P. 688
Clerk To Issue Writ
When the petition, order of the judge and bond have been filed, the clerk shall issue the temporary restraining order or temporary injunction, as the case may be, in conformity with the terms of the order, and deliver the same to the sheriff or any constable of the county of the residence of the person enjoined, or to the applicant, as the latter shall direct. If several persons are enjoined, residing in different counties, the clerk shall issue such additional copies of the writ as shall be requested by the applicant.
Tex. R. Civ. P. 689
Service and Return
Tex. R. Civ. P. 690
The defendant to an injunction proceeding may answer as in other civil actions; but no injunction shall be dissolved before final hearing because of the denial of the material allegations of the plaintiff's petition, unless the answer denying the same is verified by the oath of the defendant.
Tex. R. Civ. P. 691
Bond on Dissolution
Upon the dissolution of an injunction restraining the collection of money, by an interlocutory order of the court or judge, made in term time or vacation, if the petition be continued over for trial, the court or judge shall require of the defendant in such injunction proceedings a bond, with two or more good and sufficient sureties, to be approved by the clerk of the court, payable to the complainant in double the amount of the sum enjoined, and conditioned to refund to the complainant the amount of money, interest and costs which may be collected of him in the suit or proceeding enjoined if such injunction is made perpetual on final hearing. If such injunction is so perpetuated, the court, on motion of the complainant, may enter judgment against the principal and sureties in such bond for such amount as may be shown to have been collected from such defendant.
Tex. R. Civ. P. 692
Disobedience of an injunction may be punished by the court or judge, in term time or in vacation, as a contempt. In case of such disobedience, the complainant, his agent or attorney, may file in the court in which such injunction is pending or with the judge in vacation, his affidavit stating what person is guilty of such disobedience and describing the acts constituting the same; and thereupon the court or judge shall cause to be issued an attachment for such person, directed to the sheriff or any constable of any county, and requiring such officer to arrest the person therein named if found within his county and have him before the court or judge at the time and place named in such writ; or said court or judge may issue a show cause order, directing and requiring such person to appear on such date as may be designated and show cause why he should not be adjudged in contempt of court. On return of such attachment or show cause order, the judge shall proceed to hear proof; and if satisfied that such person has disobeyed the injunction, either directly or indirectly, may commit such person to jail without bail until he purges himself of such contempt, in such manner and form as the court or judge may direct.
Tex. R. Civ. P. 693
Principles of Equity Applicable
The principles, practice and procedure governing courts of equity shall govern proceedings in injunctions when the same are not in conflict with these rules or the provisions of the statutes.
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