Emergency and Temporary Orders – Houston Divorce
The period of time after filing a petition for divorce or another family law matter is filled with change and uncertainty. Emergency and temporary orders are powerful tools to help ensure your emotional and physical safety and protect your financial security until permanent orders are issued. If you are seeking a temporary or emergency order in Texas, you need an experienced attorney on your side who can respond to your needs quickly and effectively.
Automatic Dissolution Action Stay
Upon service of a Summons and Petition or praecipe filed under the Illinois Marriage and Dissolution of Marriage Act, or upon the filing of the respondent’s appearance in the proceeding, whichever first occurs, a dissolution action stay shall be in effect against both parties, without bond or further notice, until a final judgement is entered, the proceeding is dismissed, or until further order of the court:
- restraining both parties from physically abusing, harassing, intimidating, striking, or interfering with the personal liberty of the other party or the minor children of either party; and
- restraining both parties from concealing a minor child of either party from the child’s other parent. (750 ILCS 5/501.1) Sec. 501.1.
Emergency and Temporary Orders in Southeast Texas
During a family law proceeding, parties may do things to hurt each other such as restricting the other person’s access to the children, incurring unnecessary debt on joint credit cards or disposing of assets. Temporary and emergency orders provide important protections for clients who are going through a divorce or other family law matter.
A temporary order establishes guidelines that both parties must abide by while your case is pending. The “Temporary Relief” statute (750 ILCS 5/501) spells out the petitions and temporary restraining orders available under the Illinois Marriage and Dissolution of Marriage Act, including:
- Child custody and visitation
- Spousal support (maintenance)
- Child support
- Child relocation
- Insurance and medical coverage
- Asset preservation
- Domestic violence
- Companion animals
If your spouse has abused you or your children, we can help you seek an emergency order to protect you from domestic violence. You also may be able to file an emergency order to obtain emergency custody of your children if their well-being is at stake.
The Temporary Relief statute, 750 ILCS 5/501, empowers the court to preserve your marital assets through the judicious exploitation of resources.
At Carter Morris, LLP, we have the resources and experience to immediately seek emergency and temporary orders for our clients throughout the state of Texas. Our board-certified family law lawyers are committed to helping you protect your and your children’s physical and financial well-being during divorce. For immediate assistance with your most pressing needs for emergency and temporary orders, call us at 713-626-3345.