So, what should you expect at a temporary orders hearing? Picture a condensed trial. Both sides present their arguments, evidence, and even witness testimonies. This is an opportunity to tell your side of the story while the judge determines what short-term orders will best serve all parties involved.
Whether it was an emergency order issued after arrest or a final protective order filed through family court, many people don't realize that protective orders — even temporary ones — can appear on public background checks and may follow you for years.
Temporary custody orders in Texas stay in effect until the court issues final orders. This usually happens when the divorce or custody case ends. The process typically takes 6 to 12 months.
The court procedure that is used to get a temporary order is a motion. A motion is a procedure where one party asks for the court to make an temporary order for some sort of relief while waiting for the trial. It is important to note that there are different types of motions, urgent or non-urgent.
In most cases, a Temporary Order will last until the final order – either a Final Decree of Divorce (the document that divorces spouses) or Final Order in Suit Affecting or Modifying the Parent-Child Relationship (the final document in a custody case).
If you are afraid the other party will do something harmful before the temporary orders hearing, you can ask the judge to sign a temporary restraining order (TRO). A TRO is an emergency court order that orders a party not to take some particular action until a hearing can be held.
Temporary Order Hearings One side presents the reasons for granting the order. The other side explains why they oppose it or offers alternatives. Couples don't always disagree about temporary orders. Sometimes, both parties agree they need a support order or custody arrangement but can't agree on the terms themselves.
You can get temporary custody forms in Texas from the Courts, which your lawyer can help you properly fill out. You'll need to file those forms with the Court in the county where your child lives. Make sure you bring originals of any documents you include in your petition, as well as a few copies.
At the Temporary Orders hearing, both parties will provide testimony and tell their story. Witnesses may be called and any documents that are relevant to the proceedings will be taken into consideration. At this hearing, it is important to tell the Judge what you are asking for and why.
You can get temporary custody forms in Texas from the Courts, which your lawyer can help you properly fill out. You'll need to file those forms with the Court in the county where your child lives. Make sure you bring originals of any documents you include in your petition, as well as a few copies.