Temporary Restraining Orders
Sometimes filed with the Original Petition for Divorce or at times after
is a request that the court issue a mutual temporary restraining order
(TRO) without a hearing to facilitate maintaining the status quo until
the spouses can reach an agreement or until there can be a hearing for
Generally, these requests are made in counties do not have Standing Orders.
Standing Orders are Orders that automatically go into place after a divorce
or family law case is filed. Generally, they include similar provisions
as temporary restraining orders.
divorce cases, a standard
temporary restraining order will be granted if it is requested by one or both spouses. Temporary restraining
orders are good 14 days once issued by the court and can be extended for
up to another 14 days. The idea of a temporary restraining order is to
maintain the status quo until the temporary orders are in effect.
A temporary restraining order is not a protective order this is a common
misconception. Generally, a
temporary restraining order it has more to do with maintaining the status quo not to keep a particular
individual from being around another individual or location.
If a protective order is needed you will need to provide sufficient evidence
of a history of family violence and likelihood it will occur again in
the future. If this is done the court may enter a protective order which
can last for up to 2 years. Law enforcement agencies maintain records
or protective orders and can promptly assist you by removing the violating
individual and incarcerate them before a hearing. In Harris County, the
280th District Court attends to all protective orders in family law cases.
Temporary Orders | Protection for You and Your Children
One of the first steps in the divorce process is for the parties is take
stock for their situation and start to consider:
- How community expenses are going to paid
- Who will have use of and possession of specific community property such
as vehicles and the marital residence
Who will be the primary parent in
possession of the children
- What sort of visitation the children will have with the parents
The amount of
temporary child support
- Which parent will be responsible for providing health insurance
- Temporary spousal support
- Whether one spouse will pay for the interim attorney fees for the other
- Whether temporary injunctions be put in place
Prior to allowing a
Temporary Orders hearing to be held many courts in Harris and Montgomery Counties mandate that the
parties mediate their disputed issues. If the parties cannot reach an
agreement in mediation then they can ask the judge to hear their case
and make a ruling for them at a temporary orders hearing. Once Temporary
Orders have been entered either by agreement or order of the court, the
temporary orders will provide the rules spouses are governed by during
the divorce process.
In a Temporary Orders hearing a court will listen to evidence and consider
your situation and what is in the best interest of your children.
Temporary orders can be requested for the following:
- Child custody
- Child support
- Spousal support
- Insurance and health coverage
- Parenting time
- Bank accounts and credit cards separation
- Marital Residence
- Use of family car
- Attempted parental relocation
Temporary Spousal Support & Parenting Time
In some circumstance
temporary spousal support is appropriate when there is one spouse is a homemaker or has is significantly
lower income than the other spouse. In these case the Texas courts may
enter an order for temporary spousal support. While the divorce is going
on a Court may also Order that the spouse with health insurance continue
to supply health insurance coverage throughout the pendency of the case.
Generally where children are concerned temporary primary
custody will be granted to one parent. This parent is known as the primary joint
managing conservator (PJMC). The primary joint managing conservator has
the right to designate where the child will reside pending the finalizing
custody arrangement. Usually the other parent will received a standard
If you want to know more about what you can do,
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“16 Steps to Help You Plan & Prepare for Your Texas Divorce”
Other Articles you may be interested in:
- The Divorce Temporary Orders Guide
- Getting Ready for a Hearing On Temporary Custody Orders
- Can I Sue My Ex for Retroactive or Back Child Support in Texas?
- Child Support and College Tuition in Texas
- Texas Child Support Appeals
- In Texas are Child Support and Visitation Connected?
- Why Ignoring Child Support Obligations is a Bad Idea in Texas
- Can I get child support and custody of my kids in Texas if we were never married?
- Child Custody Basics in Texas
- 6 Mistakes that can Destroy Your Texas Divorce Case
Law Office of Bryan Fagan | Spring Divorce Lawyers
The Law Office of Bryan Fagan routinely handles matters that affect children
and families. If you have questions regarding
divorce, it's important to speak with one of our
Spring, TX Divorce Lawyers right away to protect your rights.
divorce lawyers in Spring TX are skilled at listening to your goals during this trying process and
developing a strategy to meet those goals.
Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online
form. The Law Office of Bryan Fagan handles
Divorce cases in Spring, Texas,
The Woodlands, the FM 1960 area, or surrounding areas, including
Fort Bend County and