Texas Civil Practice and Remedies Code 65.041 – Bond Not Required for Issuance of Temporary Restraining Order for Certain Indigent Applicants
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Terms Used In Texas Civil Practice and Remedies Code 65.041
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
A court may not require an applicant for a temporary restraining order to execute a bond to the adverse party before the order may issue if:
(1) the applicant submits an affidavit that meets the requirements of Section 65.043 to the court; and
(2) the court finds that the order is intended to restrain the adverse party from foreclosing on the applicant’s residential homestead.