3. Temporary orders
Temporary orders set custody, possession, support, use of the home, and payment of bills while the case is pending (Tex. Fam. Code § 105.001; Tex. Fam. Code § 6.502). If you and the other party agree, you can submit agreed temporary orders. If not, request a hearing.
- File a motion for temporary orders with a proposed order. Confer first and include a certificate of conference (most courts' local rules require this).
- Request a setting after documented attempts to agree on a date, if your local rules require it.
- Check your county's local rules and standing orders for what documents must be exchanged before a hearing (often tax returns, pay stubs, a financial statement, and insurance information). See the checklist.
- Prepare a 20-minute plan. Most courts give each side about 20 minutes at a temporary orders hearing. Bring four copies of each exhibit: for the judge, the other side, you, and the witness.
- After the ruling, prepare the written temporary orders and circulate them for approval.
Emergency TRO: many counties' local rules require that anyone asking for ex parte relief must notify the other side and send a copy of the application and proposed order at least two hours before presenting it to a judge, unless an exception applies. Protective-order applications are exempt. TexasLawHelp.org: moving a family case through the system.
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