What Is a Prohibitory Versus Mandatory Injunction in a Texas Divorce?
Legal terms during divorce can be a bit overwhelming. It’s hard to be confident that you are taking the right steps if you’re not even sure what all the words being said mean. One term that comes up often is "injunction."
An injunction is a court order that tells someone they must do something or must stop doing something. If your attorney mentions this word, it is probably in connection with your personal safety or the safety of your marital assets.
In Texas divorces, there are two main types: prohibitory injunctions and mandatory injunctions. Understanding injunctions can help you feel more in control of your situation. If you are having any difficulty understanding what things mean during your divorce in 2026, a Harris County divorce lawyer can help you.
What Is a Prohibitory Injunction?
A prohibitory injunction tells someone to stop doing something. Prohibitory injunctions are much more common in Texas divorces than mandatory injunctions.
When you file for divorce in Texas, the court can automatically issue something called a "standing order." This standing order includes several prohibitory injunctions that apply to both you and your spouse under Texas Family Code Section 6.502. These orders are there to protect both parties from the moment the divorce is filed. They typically prevent both spouses from the other spouse:
- Withdrawing large amounts of money from bank accounts or retirement accounts.
- Selling or giving away property that belongs to you both.
- Taking the children out of the county or state without permission.
- Canceling insurance policies.
- Changing beneficiaries on life insurance or retirement accounts.
- Harassing or bothering the other spouse.
These rules exist to keep everything stable while the divorce is pending. The court wants to make sure neither spouse empties the bank account, sells the house, or does something else that would make the divorce harder to resolve fairly.
What Is a Mandatory Injunction?
A mandatory injunction tells someone they must do something. These are less common in divorces, but they can be important when one spouse is not cooperating or is actively harming the other spouse's interests.
You might need a mandatory injunction if your spouse:
- Stops paying the mortgage and the house is about to go into foreclosure.
- Refuses to return property that belongs to you.
- Takes money from a joint account and needs to put it back.
- Needs to maintain health insurance for you or your children.
- Must allow you access to important documents or property.
Mandatory injunctions require evidence. You need to show the court that you will suffer serious harm if your spouse does not do the required action. The court also wants to see whether or not you have another good way to solve the problem.
How Do I Get an Injunction During My Divorce?
If the automatic standing orders are not enough to protect you, like in cases of abuse, your attorney can ask the court for a temporary restraining order or a temporary injunction. These are emergency orders that can be put in place quickly if you need immediate protection.
To get one of these orders, your attorney will file a motion with the court explaining what is happening and why you need the court's help. You may need to attend a hearing where a judge will decide whether to grant the injunction.
At the hearing, you will need to show evidence of what your spouse is doing or threatening to do. This might include bank statements, text messages, emails, or witness testimony. The more documentation you have, the better.
Call a Houston, TX Divorce Lawyer Today
If you are worried about your spouse's actions during your divorce or need help understanding the process, you do not have to face this alone. At The Cusic Law Firm, P.C., our Harris County divorce attorneys offer free consultations and can help you understand whether an injunction is right for your situation.
Our board-certified family law attorney has been helping people navigate divorce since 2014. As a certified mediator who regularly works on family law cases, she understands how stressful it is when you worry about what your spouse might do during a divorce. We are here to listen to your concerns and help you protect what matters most to you. Contact us at 713-650-1866 today to schedule a free consultation.













