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 Temporary Orders.
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.
In most 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 spouse, and
- 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 visitation order.
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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
- What is the Difference Between a Protective Order and A Restraining Order?
- Can grandparents keep child from father?