How Long Do Houston Temporary Orders Last?
Temporary orders in Texas typically remain in effect during the pendency of a Texas divorce. Temporary orders will cease to govern once a final decree is entered, the Texas divorce decree will then be the controlling document as to all property, child custody, child support and alimony issues.
A temporary orders hearing in Texas often involves the family court judge establishing temporary injunctions that will create parameters for the parties’ conduct during the divorce and will continue until the final divorce decree is entered.
These temporary injunctions typically impose rules on issues such as how the parties will spend money, the conduct of the parties around the children, and the ways the parties will interact with each other during the divorce.
What Is the Difference Between Temporary Orders and a Temporary Restraining Order?
As discussed, temporary orders address important divorce issues on a temporary basis until a divorce can be finalized.
A temporary restraining order (TRO), on the other hand, is an emergency order that restricts certain actions for a limited period of time. For example, a TRO may prevent one spouse from performing certain parenting duties for a limited time.
Temporary restraining orders expire after 14 days. They are a quick solution until a court can hold a hearing to decide on a more permanent solution. Courts issue TROs when one party believes that the other party will engage in behavior that harms another. As a result, a court will issue a TRO without a hearing.
What Happens in a Hearing for Temporary Orders in Texas?
A temporary orders hearing in Texas is a full evidentiary hearing with testimony and documentary exhibits before a family court judge. The judge will hear the supporting evidence presented by you and your spouse before deciding which temporary orders are best.
For temporary orders involving child custody or a visitation schedule, the judge will decide based on the child’s best interest. Some Texas counties limit the time that each party has to present their evidence in a temporary orders hearing. An experienced family law attorney is often critically important when you have to be efficient and streamlined to present the strongest evidence within the time limit.
Houston temporary orders may be agreed upon by the parties and entered with the court without the necessity of a hearing. If you and your spouse agree on what the temporary orders should be, you can avoid the process of gathering evidence and attending a hearing.
How Soon Does a Temporary Order Hearing Take Place?
A temporary orders hearing in Texas can take place within a few weeks of a divorce filing or after more time has passed. It depends on the urgency of the issues that will be decided through the temporary orders. Issues such as temporary child custody should be resolved as soon as possible. In this case, the temporary order hearing will probably occur soon after one party files a motion for temporary orders.
If one party has requested a temporary restraining order, the temporary order hearing will be held within two weeks of the request for temporary orders. This is because the TRO expires after 14 days, so the court will want to make a ruling on the subject of the TRO before it expires, and that ruling on temporary orders typically remains in force for the pendency of the case, until a final decree is entered.
What Happens If My Spouse Violates Temporary Orders?
If you think your spouse violated temporary orders, you can file a motion asking the court to enforce the temporary orders. The court will then determine whether your spouse did, in fact, violate the temporary orders.
If the court finds your spouse in violation, it can order a fine or jail time as a penalty for contempt. The court will also order your spouse to comply with the terms of the original order. If your spouse is in violation, they will probably have to pay your attorney fees as well.
It is important to speak to a family law attorney right away if you are seeking temporary orders in Texas. If you have a working relationship with an attorney who assisted you in seeking temporary orders, you will be able to act quickly in the event that your spouse violates the orders.
Need to Establish Temporary Orders? Contact Us Today!
If you want to plan your Texas divorce case, the place to start is with a call to The Larson Law Office at (713) 221-9088 to discuss Houston temporary orders. Our lawyers are experienced in helping our clients deal effectively with their family law issues. Contact us today!