Temporary restraining orders are often intimidating. By the name it goes by, it sounds like an officially and legally imposed order to not come within a specific perimeter with your spouse that you’re currently divorcing.
To some extent, temporary restraining orders work in this manner. But during a divorce, a temporary restraining order could simply be a decree from the court asking the two parties to remain in good conduct with each other.
If you’re on the receiving end, the first thing that you should begin to do is to take a deep breath. This will allow you to have a clearer mindset and approach this order objectively.
In this article we’re going to explore the difference between temporary orders, a temporary restraining order, an emergency standing order, and a protective order. We’re also going to provide you with an insight on finding the best divorce attorney to represent you.
Temporary Orders vs. Temporary Restraining Order
Over the course of the divorce process, the judiciary court can issue different orders. These orders are filed by either party and can be any of the following in accordance to the Texas Family Code, Chapter 105:
(1) for the temporary conservatorship of the child;
(2) for the temporary support of the child;
(3) restraining a party from disturbing the peace of the child or another party;
(4) prohibiting a person from removing the child beyond a geographical area identified by the court; or
(5) for payment of reasonable attorney’s fees and expenses.
On the other hand, a temporary restraining order is different from the aforementioned because of the urgent nature of a TRO.
A temporary restraining order is a kind of protection that you can request from the court that explicitly bars or restrains the other party from creating an action until the case has been heard. Normally, the TRO lasts for about 14 days or the hearing for the requested temporary orders has been held, or whichever is sooner.
Even though a TRO is somehow a kind of protection, it has a big difference from a protection order.
If you believe that you, or your children, or any of your close relatives are in danger from being harmed by your spouse, you can request for an immediate protective order to be set in place.
For forms requesting protective orders you may go directly to this link: https://texaslawhelp.org/toolkit/i-need-protective-order
Important note: If you or your children have experienced domestic violence, please call the hotline of the National Domestic hotline: 800-799-SAFE (7233) for immediate help.
What is an Emergency Standing Order
An Emergency Standing Order is a kind of Temporary Restraining Order that basically asks the two parties to stick to the current status quo.
Not all counties in the state of Texas issue a standing order. You can certainly get in touch with an attorney or a lawyer to ask and clarify whether you belong to a county where standing orders can be issued.
If you are in Fort Worth, Tarrant county is a county where standing orders can be granted. You can view the current amended temporary emergency order issued by the Tarrant County Family Court by following this link.
The current emergency standing order decrees all parties to ensure that a status quo is followed while the divorce is currently being heard in court.
In this decree, the court asks that there shall be no disruption to the current state and arrangement of the children’s custody, pets, companion animals, properties, personal and business records, etc. The said official document also asks that the two parties remain in good conduct with each other.
How to Find the Best Divorce Attorney in Texas
Due to the urgency and sensitivity of the subject, having a divorce attorney by your side is highly advisable.
Finding a divorce attorney in Texas is very much like looking for a partner. You need to find someone who will be a good fit with you and your family. After all, they may be representing you in the mediation process and court hearings.
To begin this journey, we definitely suggest approaching different divorce attorneys in your county. Call them. Set-up a meeting. Ask questions. Get to know them. Once you have met with possible attorneys, you can create a short-list and then proceed with someone who you think will be the best to represent you.
While doing so, it is important to consider what is on the line. It may be very easy to just go with an attorney who offers you their services for a small amount of money or even go with the first one you’ve spoken to. It’s very easy to simply make a decision based on these factors but we discourage you from doing so.
Find an attorney with whom you are comfortable with discussing your case; someone whom you can trust.
Get the Best Legal Advice in Fort Worth, Texas
We understand that temporary restraining orders can feel intimidating. If you receive one, you might ask yourself, “What did I do wrong?”
Because either of the parties can request the court for a temporary order, it is very common in divorce however, it is definitely important to remember that not all divorce will have any temporary orders or temporary restraining orders. Again, it is up to the requesting party to file such and the decision for the order to be enacted will remain with the judiciary court.
The best thing that you can do when you receive a temporary order is to take a deep breath and get in touch with your divorce attorney. If your family doesn’t have one yet, we definitely suggest going through the process of reaching out to different divorce attorneys in your county and see whether they will be able to provide you with the best legal advice, be a good fit to you and your family, be comfortable and trustworthy enough to speak to about the delicate matters of your marital relationship.
At Turner-Monahan, our goal is to fight for our client’s best interests while providing them with the best legal advice in the Fort Worth area. If you would like to speak to one of our divorce attorneys in Fort Worth TX, we’re offering a free legal consultation. Simply contact us today to learn more (817) 332-4477 https://tumolaw.com/
