Skip to content 
Divorce can bring sudden changes that put your property at risk. One spouse might try to sell assets, empty accounts, or damage shared belongings. In Texas, you can receive a temporary order to protect your property while the case is still active. This legal step helps keep things in place until the court makes final decisions. Knowing when and how to file makes a big difference if you want to prevent financial harm.
What Is a Temporary Order?
A temporary order is a court order issued during a pending case, often before the final hearing. Its purpose is to set temporary rules and boundaries until the judge makes a final decision.
Temporary orders can cover many issues, including:
- Use of property
- Child custody or visitation
- Spousal support
- Protection against threats or harm
In property matters, they help protect assets from damage, transfer, or unauthorized sale.
When to Request a Temporary Order
You should consider requesting a temporary order if:
- You fear your spouse will sell or give away valuable property
- There is a history of threats to destroy or hide assets
- You need access to a shared account, home, or vehicle
- Your spouse changed the locks, removed your name from accounts, or limited your access to property
Texas courts can act quickly in these situations. Delaying a request could result in financial harm or the loss of key assets.
Types of Property Often Protected
Temporary orders can apply to many types of property. The court focuses on what helps prevent loss, waste, or unfair control.
Real Estate
If both spouses own a home, the court can issue an order that:
- Stops either party from selling or refinancing the home
- Grants temporary use of the home to one person
- Requires both to keep up with mortgage or utility payments
Vehicles
Judges may allow one spouse to keep using a vehicle and block the other from selling or removing it. If only one vehicle is available, the court usually gives it to the person who needs it for work or parenting.
Bank Accounts
The court can freeze certain accounts or allow each spouse access to a specific amount. This helps prevent either party from emptying shared accounts or withholding funds.
Personal Property
This includes furniture, jewelry, electronics, and other possessions. The court may decide who can keep or use them during the case. Temporary orders stop one party from pawning or destroying items out of spite.
Business Assets
If either spouse owns a business, the court may issue rules that limit spending, transfers, or changes in ownership until the divorce ends.
How to Request a Temporary Order in Texas
The process begins with filing a Motion for Temporary Orders with the same court where you filed for divorce or legal separation. You must also schedule a hearing.
Here’s how the process usually works:
1. File the Motion
You or your attorney must file a written request with the court. The motion should explain:
- What type of protection you want
- Why you believe it’s necessary
- Any facts that support your claim
Include specific examples when possible, such as messages, account changes, or physical threats.
2. Notify the Other Party
The court requires you to give the other party notice of the motion and the hearing date. In some urgent cases, you may ask for a temporary restraining order (TRO) without giving notice first, but this applies only in extreme situations.
3. Attend the Hearing
Both parties have the right to appear before a judge and explain their side. Bring any documents, photos, or witness testimony that supports your request.
The judge will ask questions, review the evidence, and make a decision either the same day or shortly after.
4. Follow the Court’s Order
Once the judge signs the order, it becomes legally binding. Both parties must follow it until the court issues a final judgment or modifies the order.
What Is a Temporary Restraining Order (TRO)?
A temporary restraining order is different from a standard temporary order. A TRO is usually issued without a hearing and only lasts for up to 14 days. It’s meant to stop immediate harm while the court prepares for a full hearing.
You can request a TRO if you believe your spouse might:
- Damage or hide property
- Withdraw all funds from shared accounts
- Change insurance or loan terms
- Sell or move assets without consent
The court may grant a TRO the same day you file the request, depending on the urgency.
What Happens If Someone Breaks a Temporary Order?
Violating a court order has serious consequences. The judge may issue fines, sanctions, or even jail time. If your spouse ignores the order, document every violation. Take photos, keep records, and notify your attorney right away.
You can file a Motion to Enforce the order. This asks the court to take action against the other party and restore lost property, freeze accounts, or issue new restrictions.
How Temporary Orders Affect the Final Outcome
Temporary orders do not decide the final outcome, but they often shape the judge’s views. If one spouse disrespects the court, hides assets, or violates orders, the judge may remember this during final decisions about property division, custody, or support.
Following the order carefully shows the judge that you act responsibly and in good faith.
Can I Change a Temporary Order?
Yes. If circumstances change or the order no longer works, you can request a modification. You must file a new motion with the court and explain why a change is necessary.
Examples include:
- One party loses a job
- New evidence shows hidden property
- The order causes financial hardship
The court will review the facts and decide whether to modify the order.
Promote Your Practice
If you need to protect your property during divorce or separation, we can help. Our firm represents clients in temporary order hearings across Texas. We help gather evidence, prepare motions, and stand with you in court.
We understand how stressful these situations can feel. You don’t have to handle them alone. Contact us today to schedule a confidential consultation and take steps to secure what belongs to you.
FAQs
Can I get a temporary order without filing for divorce?
No. You must have an open divorce or family law case for the court to issue a temporary order.
Do I need a lawyer to request a temporary order?
You can file on your own, but a lawyer improves your chances by helping you present strong evidence and follow court rules.
How long does a temporary order last?
It stays in effect until the court issues a final order or grants a new one. Some last for several months or even longer.
What if I fear my spouse will hurt me?
You can request a protective order in addition to property-related orders. Tell the court if you feel unsafe.
Will the judge let me keep the house?
The court may let one party stay in the house during the case. Final decisions happen later, based on property laws and other factors.
Other Related Articles:
- How to Prepare for a Temporary Orders Hearing in Texas
- Understanding Temporary Orders in Texas Divorce Cases: What You Need to Know
- What Is Temporary Orders Hearing in Texas? A Complete Guide to Preparation
- Navigating Temporary Orders in Texas Divorce: What You Need to Know
- Emergency and Temporary Orders in Divorce Cases Involving Family Violence
