What are Temporary Orders?
Resolving a Family Law case can take time--and a variety of things must happen between the first day the matter is filed and last day of the case. Temporary Orders are just that---temporary. These are orders put in place to 1) resolve an immediate issue or problem, 2) tell the parties how to act, communicate, or handle a particular issue, or 3) decide any legal issue or motion needed to proceed forward with the case. Temporary Orders are orders issued by the Court that stay in place until a Final Order can be issued.
How are Temporary Orders issued?
Temporary Orders are done either by agreement of the parties or by order of a judge. The parties can agree to a wide range of Temporary Orders to guide their Family Law case. Tex. Fam. Code § 105.001(a)-(h). Outside of an agreement between the parties, a Temporary Orders hearing in front of a judge would have to take place.
Procedurally, a Temporary Orders hearing will look and sound like a trial. There will be opening and closing statements, witnesses will be questioned on the witness stand, and parties will present evidence to the Court. Judges have broad discretion to make decisions for Temporary Orders based on evidence presented as well as what is in the best interest of the child. Tex. Fam. Code § 153.003 Because of this, Temporary Orders can be a very important part of any Family Law case and you need the right family law attorney on your side.