Temporary Orders in Texas Divorce and Family Law
A Temporary Orders hearing takes place after your petition for divorce or custody is filed and puts temporary orders in place until you either settle your case or have a final trial. In this Dallas divorce and custody podcast, Board-Certified attorney Mark Scroggins explains how Temporary Orders hearings work and what you may expect.
What you may expect and how to be prepared for a Temporary Orders hearing:
- What are Temporary Orders in a divorce or family law matter?
- Will the court address custody and visitation issues?
- Can I get temporary child support or spousal support?
- Do Temporary Orders concern who will stay in the marital residence?
- When will the Temporary Orders hearing take place and how do I prepare?
- Can we agree to settle certain issues before the hearing?
- How soon can we get into court for a Temporary Orders hearing?
- Will witnesses, and evidence be presented at the hearing?
- What happens if there are issues complying with the Temporary Orders?
- What happens if we need to enforce Temporary Orders?
- Can the Temporary Orders be modified?
- Can Temporary Orders be appealed?
- What are the differences in Temporary Orders hearings in different counties?
- Dallas County
- Collin County
- Denton County
In addition to the outline above, here are a few of the additional points that Mark Scroggins explained in this podcast interview regarding witnesses, when a restraining order may be needed, and appealing temporary orders issued by an associate judge.
Witnesses: As Mark notes when talking about different counties and how they manage Temporary Orders hearings, the time to present your case is limited and it is important to be efficient. When considering witnesses to appear at the Temporary Orders hearing, a credible witness can be a teacher, for example, who knows both parties and their ongoing involvement with the child and the school, or lack thereof. Testimony from a teacher or head of the PTA with personal knowledge of the parties involved may have greater weight than interested persons such as family members with only the best things to say.
Restraining Orders: At the beginning of a divorce case or a suit involving children?s issues such as custody and support, the court?s local Standing Orders are attached to the Petition and apply as soon as a case is filed with the clerk of court. If there is a specific threat of harm in the way of someone or certain property, a detailed temporary restraining order may be sought. In that case, the return date to hear the parties? arguments on the allegations would need to take place within 14 days of the issuance of the restraining order. This applies to the Temporary Orders hearing, because the court can hold both at the same time, when the parties are present for the restraining order hearing.
Appeals: In Dallas and Tarrant Counties the Temporary Orders hearing judge presiding is an associate judge. If there is a concern that there is something wrong with the temporary orders entered by the associate judge, a party to the case has three days to file an appeal with the district clerk, to be heard by the district judge in that county.
Mark L. Scroggins is Board-Certified in Family Law by the Texas Board of Legal Specialization, which means that his experience in divorce, custody and other family law matters is significant. In many cases, the result of the Temporary Orders hearing will remain at the end of a case, it is very important to get things done right the first time and not change direction. Listen as Mark Scroggins explains all these points in this podcast interview about temporary orders in Texas Divorce and Family Law. To make an appointment for a consultation, please call Scroggins Law Group in Dallas at (214) 469-3100.