Temporary orders may be the best solution for you if you are in the middle of a hostile separation and are fearful for your safety or your child's safety. While temporary orders do not have the lasting power of temporary injunctions or orders of support, they serve as a way to ensure that your spouse does not retrieve any unnecessary assets from joint accounts or harass you in the weeks prior to the divorce proceeding. Emergency orders further require immediate action by a court to protect yourself, your children, and your property. If you wish to file an emergency or temporary order, do not hesitate to contact an experienced family law attorney.
The Texas Family Code provides several alternative orders which can be placed against a spouse during the separation and divorce period. Temporary restraining orders may be instituted which prohibit a spouse from doing any of the following:
However, a temporary order may not include a provision that excludes the spouse from the place where the party is living or a provision that prevents a spouse from using funds for necessary living expenses.
A court has great discretion in rendering temporary orders since these orders are nonappealable. Temporary orders regarding child custody and child support require a hearing, although the judge will consider the best interests and welfare of the child. An emergency order can be implemented in an extreme situation to rescue an abused or neglected child, or to approve rescue of an abused or neglected child.
If you are going through a divorce and are fearful for your safety, your child's safety, or the status of your property, a temporary or emergency order may be necessary. Attorney Ned Gill is well experienced in drafting temporary orders and will ensure that they are timely submitted to the court. So much of the divorce process and temporary orders in particular depend on the timeliness of documents. Do not hesitate in contacting our offices today. The longer you wait to file the order, the more damage can be done to your property and your well-being.