Family law cases can be complex – and emotional. These cases touch on some of the deepest personal issues we face as humans.
Although a family law case can take time, sometimes families need answers or solutions before the entire case is resolved. A temporary order helps provide this structure. A court issues a temporary order to guide the parties’ behavior and decision-making until a final order is completed.
If you’re dealing with immediate problems in your family law case, need help handling a particular issue, or have a pressing legal question, a temporary order may be the answer you need. Talk to the experienced Leander temporary orders attorneys at the Law Office of Jason Wright today to learn more.
Temporary orders live up to their name. They’re temporary – they exist only until a final order closes the family law case.
Courts issue most temporary orders for one of three reasons:
Temporary orders are a flexible tool. They can be used to address many different issues that may arise in a divorce, custody, or other family law case. For example, the parties in a case might ask for a temporary order to:
Once issued, a temporary order typically stays in place until another hearing takes place or the parties reach an agreement via settlement negotiation or mediation.
Temporary orders are issued at a Temporary Orders hearing in Texas courts. Not all family law cases need a Temporary Orders hearing. The hearings are used to ensure the parties to a family law claim, such as a divorce, understand and follow clear “ground rules” while they work toward a final resolution.
Factors the court considers in a temporary orders hearing are similar to factors considered in final orders. For instance, when creating a temporary order for child custody, the court will consider whether an arrangement is in the best interests of the child. The child’s age, educational and medical needs, and similar factors will go into the determination.
Similarly, if the court is creating a temporary order for spousal support, the court will consider similar factors to those used in setting final spousal support orders. The court may look at the difference in income and ability to earn money between the two spouses, as well as any assets each spouse has available. The terms of an existing premarital agreement may come into play as well.
Temporary orders for child support typically follow guidelines outlined in Texas law for calculating child support. An experienced Leander, Texas temporary orders attorney can help you understand how those guidelines will apply in your situation.
Temporary orders can become a valuable tool for protecting property rights during a divorce. A temporary order creates transparency about property, assets, and debts early in the separation process. It sets clear boundaries for what each spouse may or may not do with marital property before a final, equitable distribution decision is made.
In a temporary order for property or asset division, the court may:
If the parties have a pre- or post-nuptial agreement, the court will consider the terms of that agreement as part of its efforts to create a workable temporary order. If one or both parties argue the agreement isn’t valid, the court may issue a temporary order while the parties work to resolve that issue.
A temporary order is different from a temporary restraining order (TRO). A temporary order sets ground rules while a family law claim is pending. A temporary restraining order is an emergency court order requiring a party to avoid taking a certain action before a hearing can be held.
A temporary restraining order is appropriate if you fear that your spouse or the other parent of your children may do something harmful before a temporary orders hearing can happen. Most TROs issued by Texas courts last 14 days or until the temporary orders hearing occurs. When a TRO is issued, courts typically schedule a temporary orders hearing within 14 days, so that no gap occurs between the TRO’s protection and the hearing.
A TRO may include orders required to protect property and safety. For instance, it may order one party not to visit you at work or take your children out of Texas. The TRO may not include orders for custody or support, however.
Advocating for your safety is essential. It’s even more important when you have children, who rely on their parents to advocate for them. To advocate for your safety:
Finally, remember that in Texas, a TRO and a protective order are two different things. If you or your children have experienced family violence, you may need a protective order. Speak to a Leander family lawyer as soon as possible to understand the difference between these orders and pursue the right one for your situation.
Mediation is a form of guided dispute resolution. It is more formal than negotiation but less formal than a courtroom trial.
Many Texas courts require families to attend mediation before attending a court hearing on temporary orders. In mediation, both parties and their respective attorneys meet with a neutral third-party mediator. Mediators typically have experience in family law, but the mediator has no power to dictate or force an agreement. Instead, the mediator’s job is to help both parties find common ground, working out a temporary orders solution both can live with while the case is pending.
Every person who attends temporary orders mediation should have an experienced Texas family law attorney on their side, because:
The goal of mediation is to resolve issues so that a hearing or trial is not necessary. If the parties can’t reach an agreement in mediation, however, they may proceed to a hearing or trial. In this case, your attorney can make sure you have the best possible position going into the courtroom.
Many lawyers are familiar with the process of obtaining a temporary order in Texas courts. Working with a local attorney in Leander, however, can provide several benefits.
An attorney based in Leander, Texas is familiar with local courts and judges. These attorneys regularly work in the local courts. They know how to get paperwork filed quickly and efficiently. They also understand which factors an individual judge considers the most and how to tailor their communication with the judge to make your need for a temporary order crystal clear.
A local attorney can also provide personalized attention and support. When you work directly with a Leander, Texas temporary orders lawyer, you can rest assured your case will not get lost in the shuffle. Rather, you’ll work one one-on-one with your lawyer to ensure your situation reaches a safe and satisfactory outcome.
To learn more, reach out to the Law Office of Jason Wright today. Contact us to schedule a confidential consultation with an experienced Leander family law attorney.
