Temporary Orders Hearings in Texas
Temporary Orders Hearing - What to Expect
first court appearance for many people is that of the
temporary orders hearing in a family law case. The following are provided as guidelines to
help reduce the anxiety of that first appearance.
When do I need to arrive - what if I am late
of the Harris County family law courts have regular
docket call at 9:00 am, except the 245th (10:00 am) and 247th (9:30 am). As a result,
getting through the metal detectors at the peak of the 9:00 am crowd can
take 10-20 minutes.
offices are approximately 10 minutes from the courthouse,
and the attorneys have ID badges that allow them to bypass the metal detectors. As
a result, we do not normally arrive more than a few minutes before docket
call unless there are multiple appearances (more than one case going on
that day) which require a check in with the courts for late appearance due
to being in another court.
you should make every effort to be on time, if you are
running late, do not panic. Docket call usually takes about 30 minutes, and the attorney
will announce that you are on your way and have been delayed.
What to Wear/Housekeeping
casual clothing is appropriate. No shorts, flip flops, etc.
off your cell phone or pager and do not chew gum
while in the courtroom.
should take a seat in the gallery of the courtroom. If your case
is called before your lawyer arrives, stand up and announce, “my lawyer
is Richard Tholstrup/Christine Thrash and he/she is
on his/her way”.
call is how the court organizes its day. The judge will call out each
case and the lawyers respond by announcing the issues in controversy and
the amount of time needed if a hearing is necessary.
mornings, a particular court may have a very heavy (long)
docket because of Attorney General cases, CPS cases, or District Attorney
protective order cases being heard that day. The court will always encourage the parties/attorneys
to resolve as many issues as possible in the hall and may require mediation
prior to a hearing being allowed to go forward.
Negotiation/Referral to Mediation
County, Texas annually processes either the first or
second largest number of family law case load of all the counties in the
U.S., so the courts welcome alternative dispute resolution to reduce their
over the last 15 years or so, mediation has been proven
to be a valuable tool to both the participants and the courts, and is required
before final trial, and may be a requirement of the court prior to a hearing
on temporary orders. On a party’s request, the court will almost always order
testimony at a temporary orders hearing is limited to
- possession and access of children
- temporary use or sale of property,
- temporary child and/or spousal support.
child custody is hotly contested, there is generally
not a need for the attorney to interview witnesses in the office prior to
the hearing. The
only preparation by the client is that of filling out the Financial Information
Statement that can be found on the “Client Forms” page of this
website. The client should bring copies of their last two years tax
returns and last two pay stubs to the hearing if they have not previously
provided those documents to the attorney.
Visit this section often for more information about the Harris County Courts and Texas Family Law. Click
the following link if you need a Divorce Attorney in Houston.