In a family law case, either party may be able to file a motion for a temporary order for certain important decisions or actions relating to the family law case. When a judge issues a temporary order, it will remain in effect for a limited time or until the judge issues a final order.
Most motions for temporary orders lead to hearings to consider the temporary orders. Any person seeking a temporary order should make sure he or she has legal representation for any family law hearing.
If you are considering or have been served notice of a temporary order relating to your family law case in Southeast Texas, it is in your best interest to retain legal counsel as soon as possible. Our family law attorneys in Houston will work tirelessly to help you achieve the most favorable possible outcome in your case. You can have our lawyers review your case and answer all of your legal questions when you call (832) 530-4070 to schedule a free initial consultation.
Harris County Temporary Orders Information Center
- Types of Temporary Orders in Texas
- Temporary Order Hearings in Texas
- Texas Temporary Order Resources
Types of Temporary Orders in Texas
The Gonzalez Law Group has extensive experience handling a wide variety of motions for temporary orders in family law cases. We assist clients with such temporary orders as:
- Temporary Restraining Order (TRO);
- Temporary Conservatorship (Custody);
- Temporary Possession (Visitation);
- Temporary Residence Restriction;
- Temporary Child Support;
- Temporary Use Of Property;
- Temporary Payment Of Debts;
- Temporary Medical Support; and
- Temporary Spousal Support / Alimony.
Temporary Order Hearings in Texas
Texas Family Code § 105.001(a) establishes that in a suit, the court can make a temporary order—including the modification of a prior temporary order—for the safety and welfare of the child, including an order:
- For the temporary conservatorship of the child;
- For the temporary support of the child;
- Restraining a party from disturbing the peace of the child or another party;
- Prohibiting a person from removing the child beyond a geographical area identified by the court; or
- For payment of reasonable attorney’s fees and expenses.
An order cannot be rendered except after notice and a hearing unless the case concerns the health and safety of a child. Except as provided by Texas Family Code § 105.001(c), temporary restraining orders and temporary injunctions are granted without the necessity of an affidavit or verified pleading stating specific facts showing that immediate and irreparable injury, loss, or damage will result before notice can be served and a hearing can be held.
Under Texas Family Code § 105.001(b), a temporary restraining order or temporary injunction does not need to do any of the following:
- Define the injury or state why it is irreparable;
- State why the order was granted without notice; or
- Include an order setting the case for trial on the merits with respect to the ultimate relief requested.
Texas Family Code § 105.001(c) does require a verified pleading or an affidavit in accordance with the Texas Rules of Civil Procedure, for an order to be rendered:
- Attaching the body of the child;
- Taking the child into the possession of the court or of a person designated by the court; or
- Excluding a parent from the possession of or access to a child.
At a temporary hearing, the judge typically hears from both sides involved and reviews all evidence that is submitted. Under Texas Family Code § 105.001(e), temporary orders are not subject to interlocutory appeal.
Texas Temporary Order Resources
Office of Harris County District Clerk | Family Intake — Most temporary forms relating to family law cases will be filed at the county courthouse. Visit this website to access various family law forms. You can also find a family court directory and learn about payment options.
201 Caroline, Suite 210
Houston, Texas 77002
Temporary Orders & Temporary Restraining Orders (TROs) — TexasLawHelp.org is a statewide legal aid website dedicated to providing free, reliable legal information to low-income Texans. On this section of TexasLawHelp.org, you can learn more about various temporary orders. You can find answers to several frequently asked questions.
Temporary Order Attorneys in Houston, TX
Are you considering a motion for a temporary order in your family law case in Harris County? You should make sure to contact The Gonzalez Law Group for help achieving all of your goals. Our Houston divorce lawyers represent individuals throughout Harris County, Friendswood, Pearland, Seabrook, League City, Deer Park, Pasadena, La Porte, Galena Park, Baytown and many others. Call (832) 530-4070 or submit an online contact form to have our attorneys provide a complete evaluation of your case during a free, confidential consultation.