Standing Order of the Court

23 Nov Standing Order of the Court

If you have an ongoing family law case or are about to file one, knowing what you can and cannot do helps you stay out of legal trouble. In family law cases and depending on where you live, courts may issue a standing order. We’ll discuss what a standing order is below.

What is a Standing Order?

A standing order is a court order that takes effect automatically once a case is filed. The order is a set of rules that have been established by the judges in either county or district court of that specific county. Standing orders are usually associated with family law cases involving divorce and custody. It is a type of temporary restraining order.

While standing orders exist in much of Texas, there are some counties that do not have them, such as Harris County. You can look up what standing orders exist in your county by going to the county clerk or district clerk website. A family law attorney can also walk you through them as well.

What Can and Can I Not Do?

While you will need to look up the specifics of your county’s standing orders, there are some general characteristics of standing orders that are good to note. Standing orders usually cannot and will not deny a parent access to their children or a residence. As a result, you as a parent cannot deny that to your spouse as well.

Standing orders generally dictate you and your spouse’s action in the following categories:

• Disruption of children – You cannot take your children out of the state of Texas, pull them from school, or hide them from your spouse.
• Conduct of parties during the case – You cannot speak poorly about your spouse to your child or threaten your spouse in any way.
• Preservation of property and funds – You cannot do anything with your property, such as sell the house, during the case. All your funds must be fully disclosed.
• Personal and business records – You cannot interfere with any of your personal records, such as your birth certificate, or business records during your case.
• Insurance – You cannot cancel or change your or your spouse’s insurance during this case, such as health insurance.

Are Standing Orders the Same as a Temporary Restraining Order?

Standing orders are a type of temporary restraining order, but the two can differ. A temporary restraining order must be requested by one of the parties, while a standing order is automatic when a case is filed. A temporary restraining order can only last 14 days. A standing order lasts 14 days and if no complaints are given, it turns into a temporary injunction that lasts for the duration of the case. Finally, if a temporary restraining order is requested by a party, it can keep a spouse from seeing the kids or entering the residence. This is commonly in a situation of domestic violence. Standing orders involve any family law case involving divorce and custody.

Do I Need an Attorney?

If you are going through a divorce, hiring a divorce attorney can help advocate for you and your interests as well as navigate the legalities of the process. Navarette Bowen P.C. has a team of experienced divorce lawyers that can help. Our main office is located in downtown Denton and you can contact us to set up a confidential consultation to discuss your circumstances and receive guidance.