The conduct restrained must be described clearly, definitely, and precisely, so that the defendant will not have to draw inferences or conclusions about what is proscribed; see section 8.39 in this chapter.
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
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Use the same caption as in the application at form 8-26. |
Temporary Restraining Order
State of Texas)
To [name of each person and entity restrained]:
Plaintiff has applied and given bond for a temporary restraining order and temporary injunction in this cause.
On the basis of the application, the Court has ordered the issuance of a temporary restraining order because it appears to the Court that, unless you are restrained as ordered below before notice can issue and a hearing can be held, Plaintiff will be irreparably injured because [describe injury, e.g., Defendant will not be able to satisfy the judgment that will probably be rendered in Plaintiff’s favor in this cause because Defendant’s nonexempt assets will be beyond Plaintiff’s reach].
You are therefore commanded to obey the order of this Court and to immediately desist and refrain from [describe conduct restrained, e.g., transferring or removing any funds or other property of [name of defendant] in the possession of [name of third-party defendant]].
You are further ordered to appear before this Court at __________ __.m. on ________________________ at [address, city], Texas, to show cause why a temporary injunction, effective until final judgment in this cause, should not be granted as prayed for.
ISSUED at ____________ __.m. on ______________.
[Name of clerk], Clerk
[Designation of court]