When a family law case begins in Texas, whether it involves divorce, child custody, or other important matters, courts sometimes issue something called “temporary orders.” These orders help families manage daily responsibilities and protect children’s well-being while the case moves forward.
At The Cook Law Firm & Associates PLLC, we understand that this process can feel overwhelming. As a Texas family lawyer, Justin D. Cook wants you to know why temporary orders matter, how they work, and what you can expect.
What Are Texas Temporary Orders?
Temporary orders are short-term rules set by the court during a pending family law case. They help keep things stable before a final agreement or court decision is reached.
A family law case can take weeks, months, or even longer to settle. During that time, issues like child custody, child support, and which spouse remains in the family home must be handled without waiting for the final ruling. The court issues temporary orders so parents and spouses know their rights and responsibilities while the case continues.
Because these orders only last until the final order is signed (unless the judge changes them before then), they are not meant to be permanent. However, they can still have a big impact on everyday life. For instance, a temporary order can say who the children will live with, who pays child support, and whether one spouse must continue to make mortgage or rent payments.
Why Are Temporary Orders Important?
Temporary orders are important because they can bring a sense of peace and organization to stressful family changes. By setting rules early in the process, it can help prevent arguments from spiraling out of control. This includes any urgent safety concerns. If there is a possibility that a spouse might try to hide money or property, or if there have been threats of harm, a temporary order can keep all parties safer and protect family assets.
Also, temporary orders give parents, spouses, and children a structured schedule. This can be especially helpful for children, who benefit from predictability during a time that may feel confusing and uncertain. Instead of wondering which parent will pick them up from school or how the bills will be paid, temporary orders set clear guidelines.
Who Can Ask for Temporary Orders in Texas?
In most Texas family law cases, either spouse or parent can file a request, or “motion,” for temporary orders. After the motion is filed, the court schedules a hearing to decide whether to grant these orders. Each person has a chance to explain their side, show evidence, or call witnesses. The judge then uses this information to decide which temporary orders are appropriate.
If you believe that you or your children need certain protections—like child support, financial help, or restrictions on someone’s behavior—it is very important to ask for temporary orders. You shouldn’t wait until the final hearing. Once the orders are set, violating them can have legal consequences, so both parties have to pay close attention to what they say.
How Do You Get Temporary Orders in Texas Family Law Cases?
When you or your lawyer asks the court for temporary orders, you file the proper documents explaining why you need them. After that, the court will often schedule a hearing within a shorter time frame than a typical court date, especially if there is an emergency or urgent need.
Here is the basic path:
- Filing a Motion: You or your attorney submit a request for temporary orders.
- Hearing Date: The court sets a hearing date so both parties have a chance to speak.
- Evidence and Testimony: You can show documents or call witnesses to support your case.
- Judge’s Decision: The judge issues temporary orders that must be followed until a final order or further notice from the court.
This process can seem difficult, so having a skilled Texas family lawyer by your side often helps you gather the right evidence, meet deadlines, and speak effectively in court.
What Happens at a Temporary Orders Hearing?
At a temporary orders hearing, both sides present their evidence and arguments. For example, if you’re asking for child custody, you might show that you have been the primary caregiver, or that your home environment is stable and safe. If you need child support or spousal support, you might provide proof of income and expenses. The other side will have a chance to respond and present their own evidence.
The judge might ask questions to clarify any details. Once the judge has reviewed the evidence and heard both parties, they will decide on issues like:
- Which parent the child will live with
- How much child support is needed
- Whether spousal support is required
- How property and bills should be handled
- What rules or restrictions both sides must follow (for example, not harassing each other or selling property)
After the hearing, a written order is prepared, which the judge signs. At this point, the temporary orders become legally binding.
What Issues Can Temporary Orders Cover?
Temporary orders can address a wide range of issues. Since they only last until the final ruling, they are designed to handle immediate needs. Below are some common areas covered by temporary orders:
- Child Custody and Visitation: Sets a temporary schedule for where the child lives, who picks them up, and when visits happen.
- Child Support: Orders one parent to pay regular financial support to help with children’s expenses.
- Spousal Support: In some situations, a spouse who earns less or has fewer resources may receive temporary spousal support.
- Property Division Rules: Prevents either side from selling, hiding, or wasting marital property before the final settlement.
- Restraining Orders: Stops a party from harassing or harming the other, or from taking certain financial actions.
What Are the Different Types of Temporary Orders?
In Texas, there are a few types of temporary orders that courts may put in place. One is the Temporary Restraining Order (TRO), which can stop a person from doing something harmful—like disposing of assets or acting violently—right away. A TRO is usually in place for a short period, often until a hearing can be held to see if a longer order is needed.
Another type is a Temporary Injunction, which can be broader than a TRO and can last longer. It might restrict certain behaviors, like spending large sums of money, or it might require someone to keep paying certain bills until the case is finished.
Additionally, there are temporary orders that apply in divorce cases, covering who lives in the family home, who pays for what expenses, and who takes care of the children’s daily needs until the divorce is final.
How Long Do Temporary Orders Last?
The duration of temporary orders depends on what the court decides. Often, they last until the final orders are signed or until the judge changes them. Sometimes, this might be only a few weeks if the case moves quickly. In other cases, it could be several months. If either party feels that the temporary orders are no longer fair or necessary, they can ask the judge to modify them, but they must show a good reason.
It’s important to follow the temporary orders carefully the entire time they are in effect. Violating these orders can lead to serious legal problems, such as fines or even jail time for contempt of court.
What If Someone Violates Temporary Orders?
When a judge signs a temporary order, both parties are legally required to follow it. If someone ignores the order—by withholding child support, refusing to allow visitation, or doing something else that violates the conditions—the other party can ask the court to enforce the order. The judge might schedule another hearing to look at the evidence of the violation.
If the court finds that someone knowingly broke the temporary order, penalties can range from warnings to fines, to more severe consequences like jail time for contempt. These penalties help make sure that both parties respect the court’s authority and that the family’s immediate needs stay protected until the final decision is made.
Ready To Take the Next Step? Contact a Texas Family Lawyer
Temporary orders can shape the entire course of your family law case. They affect your children’s schedules, the money you have to pay or receive, and even your right to use shared property. Because these orders carry so much weight, it’s vital to work with a legal professional who understands the process.
Here at The Cook Law Firm & Associates PLLC, we know how to ask for the right temporary orders or defend you against unfair requests. If you need guidance, call us at 210-740-0281 or fill out our online contact form to schedule a consultation. We are here to be your advocate and help protect your family’s future.