Texas Family Law: 16 types of temporary orders to consider in family law proceedings.

Today, we are going to discuss the 16 types of temporary orders you may wish to utilize in a family law proceeding.
Before we get into the various types of temporary orders that exist, let us answer the question of what is a temporary order and how is it used in the context of a family law proceeding?
A temporary order is basically an interim order that is often issued between the time a couple decides to separate or divorce AND the time when a final divorce decree is signed. That said, sometimes temporary orders can also occur in the context of post-divorce proceedings.
So, the main take away here is that these are orders that the court issues to decide urgent matters until a more final order can be issued REGARDING THOSE matters after a trial on the merits. Basically, temporary orders tend to bring some stability for the parties while the underlying family law proceeding is being litigated.
HOWEVER, do not be fooled by the word “temporary” when it comes to these types of orders; often they can make or break your entire case.
Now let us talk about one prerequisite that must be met before seeking a temporary order. Legally, a family law judge CANNOT issue valid temporary orders UNLESS at least one of the parties has been domiciled in Texas for the preceding six months and a resident of the county in which suit is filed for the preceding 90 days.
Okay, now let us talk about the 16 types of temporary orders that come in to play with regards to family law proceedings. Six of the sixteen relate to protecting the parties’ property rights so to speak. The other ten relate more to safety and welfare of the children or the interpersonal relationships of the parties.
When it comes to the 6 temporary orders which protect the parties’ property rights, they include:
1. Temporary orders designed to prevent the wasting of assets before they can be properly divided;
2. Temporary orders for spousal support.
3. Temporary orders for the payment of community debt.
4. Orders for interim attorney’s fees and expenses.
This one is especially important for situations where one spouse is the main breadwinner and the other spouse has little or no financial resources by which to hire a divorce attorney. The spouse without resources can seek an order forcing the other spouse to pay for him or her to hire a lawyer.
5. Discovery orders such as an order setting deadlines for the parties to file their sworn inventories; and
6. Orders for appraisal of assets.
When it comes to the safety and welfare of a child, the court may make:
1. temporary custody orders;
2. temporary child support orders;
3. restraining orders to preserve the peace of a child or another party;
4. temporary orders prohibiting a person from removing the child beyond a certain geographical area;
5. orders for the payment of reasonable attorney’s fees and expenses;
6. orders for the psychological or mental health evaluations of the parties as they relate to child custody, possession, and access issues;
7. orders appointing an amicus attor¬ney, an attorney ad litem, or a guardian ad litem to represent the child’s best interests when there exists a custody dispute;
8. orders requiring that a formal child custody evaluation be performed which may take into account factors such as:
(a) the circumstances and conditions of the child,
(b) the circumstances and conditions of a party to the suit,
(c) the circumstance and conditions of any person seeking access to the child; or
(d) any other issues relating to the suit before or during the eval¬uation process.
9. orders requiring the parties to attend a parent education and fam¬ily stabilization course; and finally...
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