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When it comes to family law matters in Texas, the period of time between filing the petition and obtaining the final order can be complicated and emotional for all parties involved. That said, it’s crucial that the parties have clear guidelines and rules in place to ensure the rights and interests of the respective parties are protected during this critical time. This is where temporary orders come into play. 

At Ramos Law Group, PLLC, our temporary orders attorneys in The Woodlands can take prompt and early action to better protect your rights as you proceed with your case. Use our guide below to learn more about temporary orders in Texas and how our team can help you move forward.

Temporary Orders: An Overview

A temporary order is a type of court order that outlines custody, support, and other arrangements for parties involved in a family law dispute while the case is still pending and no final decisions have been made. As the name implies, a temporary order is only temporary and will eventually be superseded by the final order issued at the conclusion of the case. 

In cases involving the dissolution of marriage, Texas courts may grant a temporary restraining order (TRO) for the preservation of assets or for the protection of the parties. According to Texas Family Code § 6.501, a TRO might also include an order prohibiting one or both parties from: 

  • Communicating with the other party, 
  • Making threats against the other party, 
  • Modifying beneficiary designations on any insurance policies, 
  • Using or accessing the property of the other party,
  • Canceling or altering any insurance policies, and
  • Making transactions regarding shared property except as otherwise authorized by the court. 

A temporary order can address many other issues concerning the dissolution of your marriage. Thus, be sure to consult with an experienced temporary orders lawyer in The Woodlands to better understand the options available to you. 

According to Texas Family Code § 105.001, in cases involving a parent-child relationship, the courts may issue a temporary order for the following: 

  • Living arrangements for the child, 
  • Paying child support, 
  • Restraining a party from disturbing the peace of the child or another party,
  • Prohibiting someone from removing the child beyond a specified geographical area, or 
  • Paying reasonable attorney’s fees and expenses. 

Ultimately, the court’s goal in issuing a temporary order is to protect the safety and welfare of the child during the pendency of the suit affecting the parent-child relationship (SAPCR). 

What Are the Benefits of Having a Temporary Order?

Family law SAPCRs are complex and can take significant time to resolve. Thus, the ability to obtain a temporary order before the final order issues can provide a number of valuable benefits. For example, having a temporary order in place can help: 

  • Establish clear guidelines for the parties to follow throughout the pending case to help prevent confusion and disputes,
  • Provide structure and maintain stability for the parties and their children, 
  • Protect the rights and interests of the parties by reducing the likelihood of any unfair advantages emerging, and 
  • Provide relatively immediate relief in urgent situations. 

What to Expect in a Temporary Order Hearing

An order for temporary child conservatorship or support will not be granted until the judge holds a hearing. 

The temporary order hearing is a formal hearing before the judge where the parties are given an opportunity to present evidence in support of their respective positions. Evidence you may present at the hearing might include the following: 

  • Testimony from the parties and other witnesses,
  • Banks statements and other financial information,
  • Job records,
  • Documentation regarding monthly income and expenses, and
  • Written communications between the parties.

After the hearing, the judge will make a determination and enter the temporary order.

Modifications and Violations of Orders

Notably, you can modify temporary orders in certain circumstances. However, it’s also important to remember that violating a temporary order can result in significant consequences. Here are a few things you should know about modifications and violations of temporary orders in Texas. 

Modification of a Temporary Order

It’s not uncommon for circumstances to change after the entry of a temporary order. As a result, parties may need to modify the existing order to better reflect the current situation. Fortunately, Texas law provides an avenue for the modification of a temporary order. 

That said, the courts will not modify a temporary order for just any change. Rather, the party seeking the modification needs to show that there has been a material and substantial change in circumstances, such as the loss of a job or significant job relocation. 

How Are Temporary Order Violations Handled?

Although such orders are temporary, they are nevertheless court orders that you must comply with. Failure to do so can lead to severe consequences. For example, violation of a temporary order can result in being held in contempt of court, which is punishable by fines and even jail time. 

The Woodlands Temporary Orders Attorney: Why You Should Hire One for Your Case

Many people wonder whether it’s worth hiring an attorney for temporary orders in The Woodlands, TX. In reality, doing so is often one of the most important things you can do for your case. An experienced family lawyer can help you with the following: 

  • Draft and file your motion for a temporary order and other necessary documents,
  • Assess your options and advise you on the options available in your particular situation, 
  • Gather evidence to use at your temporary order hearing,
  • Identify and prepare potential witnesses to testify on your behalf, 
  • Negotiate with the opposing party and their legal counsel, and 
  • Advocate on your behalf at the temporary order hearing. 

While hiring a lawyer isn’t required to seek a temporary order, having an experienced advocate in your corner can be a fantastic asset to your case. 

The Woodlands Temporary Orders Lawyer

If you’re looking for a qualified and experienced temporary orders lawyer in The Woodlands, TX, look no further than the Ramos Law Group, PLLC

Our firm focuses exclusively on family law matters, so we know what it takes to be successful in such cases. Moreover, attorney Mary E. Ramos is Board Certified in Family Law by the Texas Board of Legal Specialization. Thus, when you hire our team, you can rest easy knowing that your case will be in strong and competent hands. 

Contact Ramos Law Group, PLLC, to discuss your case and see how we can help you today.

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