A divorce that involves property division can sometimes cause tension between the parties. Temporary orders can protect individuals, the marital estate, or separate estate of the parties from harm during a divorce proceeding. Temporary Orders are not specific to just divorce cases, temporary orders may be used in other family law cases, such as modifications and enforcements. If you believe you may need the protection of temporary orders during your divorce or other family law case, consult with an attorney who can help you determine if a temporary order is the best option for your case.
Brownsville Temporary Orders Attorney
If you are involved in a highly contested divorce or other family law case, you may want to consider temporary orders in order to protect you and your estate, or to prevent the opposing party from doing certain things that will affect the outcome of your case. If you fear the other party may try to deplete or tamper community property assets, your attorney may recommend temporary orders in order to temporarily prevent the other party from doing so, until a hearing can be had.
A divorce can cause discord and conflict between the parties. In order to avoid potential conflict between you and the other party, your attorney may recommend temporary orders. Your attorney can explain what temporary orders are and what you can expect during any temporary orders hearing. Our attorneys at The Gracia Law Firm, P.C. will make sure that you understand the temporary orders process and will do everything they can to make sure that your rights are protected.
Call our office for a free consultation at 956-504-2211 or fill out a case review form at the bottom of the page. We work with clients from the counties of Cameron, Hidalgo, and Willacy.
Overview of Temporary Orders
- Grounds for Temporary Orders
- Enforcement of a Temporary Order
- Temporary Restraining Orders (TROs)
- Additional Resources
Grounds for Temporary Orders
Tex. Fam. Code §6.502 determines that during a suit for dissolution of marriage, while the suit is pending, on the motion of a party or the court’s, the court can grant temporary orders or injunction towards either party in the suit when necessary. Temporary orders can also be filed during the appeal process.
The terms set by temporary orders can be as follows:
- Require in-depth inventory and appraisement of real and personal property owned and claimed by parties;
- Requirepayments of support made to either party;
- Requirepayment of reasonable attorney’s fees and expenses;
- Appoint receiver for the preservation and protection of the property of the parties;
- Award one spouse exclusive occupancy of the residence during the pendency of the case;
- Prohibit the parties, or either party, from spending funds beyond an amount the court determines to be for reasonable and necessary living expenses; or
- Award one spouse exclusive control of a party’s usual business or occupation;
Additionally, the court can include a clause within the temporary orders that prevents either party from the following:
- Contacting or threatening the other person directly or through someone else;
- Taking hold of property that is shared with or belonging to the other party in the suit;
- Canceling any insurance affecting the other party in the lawsuit, including health insurance or life insurance; and
- Tampering with the other party’s financial documents.
Tex. Fam. Code §6.503(a) provides that a temporary order:
(1) may be granted without an affidavit or a verified pleading stating specific facts showing that immediate and irreparable injury, loss, or damage will result before notice can be served and a hearing can be held; and
(2) need not:
(A) define the injury or state why it is irreparable;
(B) state why the order was granted without notice; or
(C) include an order setting the suit for trial on the merits with respect to the ultimate relief sought.
Enforcement of Temporary Orders
Tex. Fam. Code §86.003 states a court order can be issued to seek the help of law enforcement to enforce the temporary orders. An individual who violates a temporary order can also be charged with contempt of court up to civil and criminal penalties. Depending on the reason for issuing a temporary order, a temporary injunction may potentially impact the outcome of the dissolution of marriage case.
Temporary orders issued because of family violence during a divorce may enable you to request a protective order against the party committing the family violence.
Temporary Restraining Orders (TRO)
Temporary Restraining Orders (TROs) are court orders that can be granted during a suit for a dissolution of marriage, either when implemented by the court or petitioned by one or both parties inside the dissolution of marriage. A TRO is a pending temporary order issued by the court prior to a hearing for temporary orders. A TRO is issued and set for hearing within fourteen days from the requested filing date. The requested terms of a TRO can be carried over into the temporary orders if the court finds that the terms for the request are valid. A hearing must be held first in order for the parties to present their arguments to the Court and the Court can make a determination if the requested temporary orders should be granted. Although a TRO does somewhat mirror temporary orders, a TRO does not provide for the following:
- Evict someone out of their residence (unless family violence has been present);
- Dictate child custody or possession terms; or
- Prohibiting a party from withdrawing funds to provide for his or her necessary living expenses.
Texas Statutes | Temporary Orders – The Texas Family Code has multiples chapters covering the use of temporary orders in distinct types of family law cases. You can navigate through different statutes to learn more about the exact codes.
Attorney for Temporary Orders in Cameron County, Texas
Whether you are still considering filing your divorce action or just filed and there is a change in circumstances, you can request temporary orders to protect yourself and the marital estate or the separate property of the parties. Requesting temporary orders should not add more stress to your divorce suit, having an experienced attorney by your side can help put your mind at ease.
A family law attorney can assure you that interests are being protected. The Gracia Law Firm, P.C. can represent you during your divorce process or any other family law matter that involves temporary orders.
Contact our attorneys for a free, confidential consultation or fill out a free case review at the bottom of the page. We work with clients in the counties of Cameron, Hidalgo and Willacy.