Temporary Orders – A Bit of Clarity
The temporary order hearing is to address items pertaining to the immediate status and welfare of the individuals of your case on a temporary basis. In a divorce with children, the focus of this hearing usually is who remains in the marital residence, who makes decisions for the children, who gets possession of the children and when, if anyone shall receive child support or temporary spousal support, temporary use of property, preservation of marital assets, and temporary division of debts. Preparation for the temporary order hearing, if there is a necessity for one, should begin upon the first consultation.
There are 254, yes 254 counties in the great state of Texas. This being stated, each county prides themselves on their courts do’s and do not’s. Often the differences and nuances are subtle. Each court has its own unique standard operating procedure that needs be adhered to. Many counties include a “mandatory” exchange of information prior to the temporary orders hearing, and some do not.
There is no excuse for failing to know the local rules in advance of your hearing, they are available online and in print. Many courts have penalties for failure to follow the local rules. Just by the sheer number of counties and courts in Texas, there is no set “boilerplate” precedent for all counties. Common sense and courtesy regarding the local court’s practice or non-practice can help, even when you are in an unfamiliar courtroom. A little research and preparation can pay immediate dividends for your client’s case, reducing any inherent tension for not following “protocol”.
Studying for clarification of preferred practice in individual courtrooms can yield answers to questions like:
- Is mediation required before temporary orders hearing?
- Are you allotted only a specific amount of time in court?
- Is it a requirement to exchange information with opposing counsel before temporary orders hearing?
- Are you required to exchange exhibits before the hearing?
- Do you need to present a witness list or exhibit list to the court?
- Is it a requirement to submit your exhibits electronically in advance?
- Is a financial information statement required?
- Does the court allow witnesses to appear via phone or internet outlets?
- Does the court impose a morality clause? If it does, what is it specifically?
These examples clearly do not begin to encompass all the questions that need be addressed throughout Texas courtrooms, but the better you are prepared for the venue at hand, the better your clientele is served.
Preparation is paramount.
At Scroggins Law Group, PLLC, we are prepared. The more you are prepared, the more you can prepare your client. The better you can educate your client and explain terms that will be used throughout the course of the litigation the more at ease that person is and generally speaking, the better that person will present at hearings.
Court is stressful and taxing on clients. It is emotionally charged, territorial, questioning, and intimidating. Though it might not seem necessary, instruction in this unfamiliar atmosphere is well advised:
- PROPER BEHAVIOR IN COURT
- DON’T ARGUE WITH OPPOSING COUNSEL
- BE HONEST
- STAY CALM
- DO NOT SPEAK OUT OF TURN
- NO SOCIAL MEDIA POSTS
- NO CELL PHONES
- APPROPRIATE COURTROOM ATTIRE
The attorneys and staff at Scroggins Law Group can and will prepare you to walk through the process with grace and dignity. We are here to help. Contact us at 214-469-3100