Texas courts are statutorily empowered to enforce their orders by contempt. However, a divorce decree that awards a sum of money, payable in a lump sum or in future installments, is generally not enforceable by contempt, unless either:
1. Payment is to be made from a fund that exists at the time of the decree; or
2. The decree awards the right to receive installment payments or a lump-sum payment due on the maturation of an existing vested or non-vested right to be paid in the future; or
3. The award is for temporary spousal maintenance, as when, following a long term marriage, a spouse lacks the ability to work and earn money to be self-support
Motion orders in Texas are a crucial legal tool that allow parties involved in a lawsuit to request temporary relief. These orders typically request the court to issue a temporary ruling on a specific matter while the case is pending. Here, we will explore various types of motion orders in Texas for temporary relief, shedding light on their purposes and usage. 1. Temporary Restraining Order (TO) Motion: A TO motion is filed to seek immediate and temporary relief to prevent a party from taking certain actions that could cause irreparable harm during the pendency of a lawsuit. It is often used to maintain the status quo until a hearing for a temporary injunction can be held. 2. Temporary Injunction Motion: Temporary injunction motions are requested to preserve a particular state of affairs until the case reaches a final resolution. This type of motion aims to maintain the status quo until a full trial on the merits can be conducted. Temporary injunctions commonly come into play when immediate relief is necessary to prevent immediate and irreparable harm. 3. Motion to Compel: Parties may file a motion to compel when one party seeks a court order to force the other party to comply with certain actions. For example, a motion to compel may be filed to obtain necessary information, documents, or other evidence that the opposing party has failed to provide. 4. Motion for Protective Order: A motion for protective order is filed by a party seeking protection from certain discovery requests, such as preventing the disclosure of confidential or sensitive information. This motion aims to limit the scope of discovery in order to safeguard the party's rights or interests. 5. Motion for Temporary Custody or Visitation Orders: Divorcing or separating parents may file a motion to request temporary custody or visitation orders to establish a parenting plan during the ongoing legal proceedings. These orders aim to ensure the best interests of the children until a final custody agreement is reached. 6. Motion for Temporary Spousal Support/Alimony: In family law cases, a motion for temporary spousal support or alimony may be filed by one spouse to seek financial assistance from the other spouse during the divorce process. These orders provide temporary financial support until a final resolution is reached. 7. Motion for Temporary Relief in Personal Injury Cases: In personal injury lawsuits, a motion for temporary relief may be filed by the injured party to seek immediate compensation for medical expenses, lost wages, or other damages while the litigation is ongoing. 8. Motion for Temporary Guardianship: This motion is filed when a person seeks temporary guardianship over a minor or incapacitated individual. It allows the petitioner to assume the responsibilities and fulfill the essential needs of the individual in question until a permanent decision is made. It is important to note that the specifics of motion orders for temporary relief may vary depending on the type of case, jurisdiction, and unique circumstances. Consultation with a qualified attorney is recommended for precise guidance on filing and pursuing motion orders in Texas.
