When families with children go through a separation or divorce, they can experience a severe fallout. The divorcing couple is tasked with dealing with the legal system and emotions, while children must reconstruct their worldview. These negative effects are often exacerbated and prolonged because of the inherent delays in the Texas family court system. While many aspects of a separation or divorce require time to work through, other considerations may warrant immediate attention.
In these situations, Texas law permits courts to issue temporary orders and temporary restraining orders (TROs). These mechanisms are frequently used in family law cases and allow individuals to get a custody or support order in place before the court issues a final order. Temporary order hearings are some of the most important aspects of a family law case. While temporary orders are not required in every Texas family law matter, they are crucial in situations where a person’s health, safety, or welfare may be compromised. They may also help maintain the status quo while the court considers important divorce issues.
These cases warrant the assistance of an experienced Pearland temporary orders attorney at the Ramos Law Group, PLLC. Contact a lawyer for temporary orders in Pearland, TX, by calling (713) 597-5567 to discuss your Texas family law case.
What Are Temporary Orders and What Are Their Benefits?
Temporary orders in Texas are a type of legal protection that allows the parties to secure temporary resolutions during the pendency of their family law case. Temporary orders typically require less evidence than a permanent order because they stay in place only until the court has an opportunity to fully consider the evidence and reach a permanent resolution.
Either party in a family law matter can request a temporary order to address various issues.
Temporary Orders on Divorce Issues
Temporary orders are particularly important in divorce and custody cases. Temporary orders in cases involving children might address the following:
- Custody (conservatorship),
- Visitation (possession),
- Child support,
- Health insurance, and
- Financial information exchange to determine child support.
A temporary order might also address the following issues:
- Living arrangements,
- Property use,
- Debt payments,
- Spousal support,
- Attorney fees, and
- Information exchange necessary to divide the property.
Temporary orders serve a unique and vital purpose by allowing the parties to ensure the health and overall well-being of those affected by divorce or custody.
Temporary Restraining Orders
In addition, temporary orders can address emergencies where the health and safety of a child may be at risk. You may request an emergency TRO while waiting for a hearing on temporary orders in your divorce. You will need to file a motion with the court along with an affidavit explaining why the TRO is necessary.
If the court grants the TRO, the other parent must stay away from the child until the court can hold a hearing.
How to Get a Temporary Order
There are three primary ways to get a temporary order in Texas, including the following:
- By agreement,
- Through a mediated settlement agreement, or
- By court order.
A Texas family court will only issue temporary orders if the parties have a pending child custody case. There are various steps to securing a temporary order, and it is important that individuals consult with an attorney to ensure that they abide by all of the requirements.
Parties that agree to the terms of a temporary order can work with an attorney to draft the provisions and submit them to the court for approval.
Sometimes, a judge will order or the parties will agree to a mediated settlement. The parties or their attorneys will work together with the assistance of a neutral third-party mediator to come to an agreement about relevant issues. The parties must submit their agreement to a judge for approval.
While the steps to getting a temporary order through a court order may vary by county, the general steps include the following:
- Submitting a motion for temporary orders,
- Making copies of the motions,
- Submitting completed forms to the applicable court,
- Serving the other party,
- Gathering evidence,
- Preparing for the hearing, and
- Attending the hearing.
It is important to note that there may be additional and/or different steps to securing a temporary restraining order.
How Long Do Temporary Orders Last?
Temporary orders generally last until the court orders another hearing or the parties reach another agreement. In most situations, the temporary order will last until the final order. The duration of a temporary order will hinge on the unique facts and circumstances of the case. However, temporary restraining orders generally last about 14 days or until the hearing date, whichever comes first.
What to Expect in a Temporary Order Hearing
Temporary order hearings are critically important because they can have long-term implications on many aspects of an individual’s divorce, custody, and support case. Preparation for a temporary order hearing is crucial to securing a favorable outcome. An attorney can work with clients to prepare for a hearing by doing the following:
- Explaining the law and how it applies to the case,
- Advising the client of what the judge expects,
- Providing strategic advice,
- Gathering relevant and helpful evidence,
- Preparing to question witnesses,
- Writing proposed orders, and
- Assisting with agreements.
At the hearing, clients should bring the following:
- Completed orders and any relevant forms,
- Trial preparation notes,
- Witnesses that they would like to have testify, and
- Any relevant evidence.
Individuals should be ready to tell the judge exactly what orders they want to be put in place and why they are necessary. In addition, individuals should expect that a judge will likely do the following:
- Review the details of the case,
- Ask both parties questions, and
- Evaluate state guidelines and review relevant factors.
At the end of the hearing, the client’s attorney can submit proposed orders and complete any additional orders.
Speak with a Pearland Temporary Orders Attorney About Your Situation Today
If you are seeking a temporary order during the pendency of a divorce proceeding, it is imperative that you work with an experienced Pearland temporary orders lawyer to ensure your claim is given the attention it deserves. At the Ramos Law Group, our family lawyers have extensive experience helping clients navigate the emotional process of divorce. Our attorneys are excellent negotiators who recognize the value of reaching our clients’ goals efficiently and without litigation. However, at the same time, we will never hesitate to take our clients’ issues before a judge when their best interests require a more aggressive approach.