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What are Temporary orders in a divorce?

Temporary orders in a divorce can give one spouse custody of the children, exclusive of the homestead, exclusive use of cars, and many other things. The burden of proof, because this is temporary is not as great, although the rulings at a temporary orders hearing would evidence how the judge were to rule for a final hearing. This may not be your judge who hears the case for the final trial or you may exercise your rights to Jury trial. Some of the injunctions found in a temporary restraining order I have listed below for your reference.

One of the purposes of the hearing is to determine whether the temporary injunction prayed for should be granted to enjoin Respondent from the following:

  1. Communicating with Petitioner in person, by telephone, or in writing in vulgar, profane, obscene, or indecent language or in a coarse or offensive manner.

  2. Threatening Petitioner in person, by telephone, or in writing to take unlawful action against any person.

  3. Placing one or more telephone calls, anonymously, at any unreasonable hour, in an offensive and repetitious manner, or without a legitimate purpose of communication.

  4. Causing bodily injury to Petitioner or to a child of either party.

  5. Threatening Petitioner or a child of either party with imminent bodily injury.

  6. Destroying, removing, concealing, encumbering, transferring, or otherwise harming or reducing the value of the property of one or both of the parties.

  7. Falsifying any writing or record relating to the property of either party.

  8. Misrepresenting or refusing to disclose to Petitioner or to the Court, on proper request, the existence, amount, or location of any property of one or both of the parties.

  9. Damaging or destroying the tangible property of one or both of the parties, including any document that represents or embodies anything of value.

  10. Tampering with the tangible property of one or both of the parties, including any document that represents or embodies anything of value, and causing pecuniary loss to Petitioner.

  11. Selling, transferring, assigning, mortgaging, encumbering, or in any other manner alienating any of the property of Petitioner or Respondent, whether personalty or realty, and whether separate or community, except as specifically authorized by order of this Court.

  12. Incurring any indebtedness, other than legal expenses in connection with this suit, except as specifically authorized by order of this Court.

  13. Making withdrawals from any checking or savings account in any financial institution for any purpose, except as specifically authorized by order of this Court.

  14. Spending any sum of cash in Respondent's possession or subject to Respondent's control for any purpose, except as specifically authorized by order of this Court.

  15. Withdrawing or borrowing in any manner for any purpose from any retirement, profit-sharing, pension, death, or other employee benefit plan or employee savings plan or from any individual retirement account or Keogh account, except as specifically authorized by order of this Court.

  16. Entering any safe-deposit box in the name of or subject to the control of Petitioner or Respondent, whether individually or jointly with others.

  17. Withdrawing or borrowing in any manner all or any part of the cash surrender value of life insurance policies on the life of Petitioner or Respondent, except as specifically authorized by order of this Court.

  18. Changing or in any manner altering the beneficiary designation on any life insurance on the life of Petitioner or Respondent or the parties' child.

  19. Canceling, altering, failing to renew or pay premiums, or in any manner affecting the present level of coverage of any life, casualty, automobile, or health insurance policies insuring the parties' property or persons, including the parties' child.

  20. Opening or diverting mail addressed to Petitioner.

  21. Signing or endorsing Petitioner's name on any negotiable instrument, check, or draft, such as tax refunds, insurance payments, and dividends, or attempting to negotiate any negotiable instrument payable to Petitioner without the personal signature of Petitioner.

  22. Taking any action to terminate or limit credit or charge cards in the name of Petitioner.

  23. Discontinuing or reducing the withholding for federal income taxes on Respondent's wages or salary while this case is pending.

  24. Destroying, disposing of, or altering any financial records of the parties, including but not limited to records from financial institutions (including canceled checks and deposit slips), all records of credit purchases or cash advances, tax returns, and financial statements.

  25. Destroying, disposing of, or altering any e-mail or other electronic data relevant to the subject matters of this case, whether stored on a hard drive or on a diskette or other electronic storage device.

  26. Terminating or in any manner affecting the service of water, electricity, gas, telephone, cable television, or other contractual services, such as security, pest control, landscaping, or yard maintenance, or in any manner attempting to withdraw any deposits for service in connection with those services.

  27. Excluding Petitioner from the use and enjoyment of the residence.

  28. Entering, operating, or exercising control over the any vehicle in the possession of Petitioner.

  29. Disturbing the peace of the child or of another party.

  30. Withdrawing the child from enrollment in the school or day-care facility where the child is presently enrolled.

  31. Hiding or secreting the child from Petitioner.

  32. Making disparaging remarks regarding Petitioner or Petitioner's family in the presence or within the hearing of the child.

  33. Consuming alcohol within the 48 hours before or during the period of possession of or access to the child.

  34. Permitting an unrelated adult with whom Respondent has an intimate or dating relationship to remain in the same residence with the child between the hours of 10:00 P.M. and 8:00 A.M.

Another purpose of this hearing is to determine whether, while this case is pending, the Court should make temporary orders, as necessary and equitable, on the following matters:

  1. The Court should order Respondent to pay reasonable interim attorney's fees and expenses.

  2. The Court should order Respondent to provide a sworn inventory and appraisement of all the separate and community property owned or claimed by the parties and all debts and liabilities owed by the parties substantially in the form and detail prescribed by the Texas Family Law Practice Manual (3d ed.), form 7-1.

  3. The Court should order the parties to participate in an alternative dispute resolution process before trial of this matter.

  4. The Court should make all other and further orders respecting the property and the parties that are pleaded for or that are deemed necessary and equitable and for the safety and welfare of the child.

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