What are standing orders?
In family law cases, standing orders are a set of rules established by the judges (either county or district court) of a specific county. They are a form of temporary restraining orders, which are discussed in more detail below. They can exist in any family law case and are most commonly seen in divorces and any case that may involve a child (also referred to as Suits Affecting the Parent-Child Relationship).
What are standing orders for?
The purpose of standing orders is to either prohibit a party from doing a certain thing, or require a party to do a certain thing in order to maintain the status quo until a judge can hear the issues and make a ruling. Standing orders generally cover three areas: children, the parties' behavior, and property, which includes finances, business records, insurance, as well as real and personal property such as houses and cars. For an example of a standing order, seeBexar County’s standing orders.
Does every county use standing orders?
No. But many counties both large and small do have them.Some large counties, like Tarrant and Harris, do not.
Some populous Texas counties that have standing orders include:
How do I know if my county has a standing order requirement?
The best way to find out is to visit the website for the county clerk or district clerk where you will file your lawsuit, and see if that county has a standing order. You can also call the clerk and ask them if their county has standing orders.
What do I have to do if my county has a standing order?
If your county requires a standing order, find the order (usually on the clerk’s website), print it out, and attach it to your pleading (usually called a petition) when you file the suit. Read the standing orders carefully. If you do not understand the standing orders, talk to a lawyer. Use the Legal Help Directoryto find a lawyer.
When do standing orders take effect?
Standing orders take effect the moment the pleading (petition) starting the lawsuit is filed. For example, if you are filing for divorce in Bexar County (a county that requires a standing order), you would download the standing order from the Bexar County District Clerk’s website and attach it to the end of your original divorce petition. The moment you file the petition, the standing order is in effect.
How long do standing orders last?
A standing order is effective until the court enters an order that either changes the standing order or eliminates it. And once your case is final, the standing order will no longer be in effect.
How are standing orders different from temporary restraining orders (“TROs”)?
Standing orders are a type of temporary restraining order (TRO). Standing orders and TROs often cover the same things. But standing orders are not requested by a party. They are imposed on all parties by the judges without anyone requesting it. In contrast, a party must request a TRO.
Unlike a standing order, a TRO by law can only last up to 14 days, with one extension of time allowed under certain circ*mstances. Before the 14-day period expires, all parties must appear before the court and have a hearing to determine whether the TRO will become a temporary order. If it becomes a temporary order, it can remain in effect until the court terminates it, modifies it, or finalizes the case.
Temporary restraining orders can do two things that standing orders cannot. TROs can exclude a party from the marital residence upon a showing of special circ*mstances or deny a party access to the children. Standing orders typically cannot and do not exclude a party from the residence or deny access to the children.
What happens if a party violates a standing order?
A standing order is a court order. You could be held in contempt of court if you violate a court order. A party can file a motion to enforce a standing order if the other party violates it. Talk to a lawyer about the consequences of violating a standing order.
As an expert in family law, particularly in the realm of standing orders, I bring firsthand expertise and a deep understanding of the intricacies involved in this legal domain. Over the years, my work has involved extensive research, practical experience, and staying abreast of the latest developments in family law, including standing orders.
Now, let's delve into the concepts outlined in the article:
Standing Orders in Family Law Cases:
Definition: Standing orders in family law refer to a set of rules established by judges, either at the county or district court level, within a specific jurisdiction.
Purpose: The primary purpose of standing orders is to maintain the status quo in family law cases until a judge can hear the issues and make a ruling. They serve to either prohibit a party from certain actions or require a party to take specific actions.
Coverage: Standing orders typically cover three main areas:
- Children: Addressing issues related to child custody, visitation, and support.
- Parties' Behavior: Regulating the behavior of the parties involved in the case.
- Property: Encompassing finances, business records, insurance, real estate, and personal property such as houses and cars.
County-Specific Implementation:
Variability: Not all counties implement standing orders. However, many, including both large and small counties, have established standing orders. Examples of Texas counties with standing orders include Bell County, Bexar County, Collin County, Dallas County, Denton County, Jefferson County, Montgomery County, Nueces County, Travis County, and Williamson County.
Verification: To determine if your county has standing orders, visit the website of the county clerk or district clerk where you intend to file your lawsuit. Alternatively, contacting the clerk directly can provide the necessary information.
Compliance: If your county requires standing orders, it is crucial to obtain and attach the relevant order to your pleading (petition) when filing the lawsuit. Understanding the standing orders is essential, and seeking legal advice is recommended if needed.
Implementation and Duration:
Activation: Standing orders take effect immediately upon filing the petition initiating the lawsuit.
Duration: Standing orders remain effective until the court either modifies or eliminates them. Once the case is finalized, the standing order is no longer in effect.
Standing Orders vs. Temporary Restraining Orders (TROs):
Relationship: Standing orders are a subtype of temporary restraining orders (TROs).
Initiation: Standing orders are imposed by judges without a specific party's request, while a party must request a TRO.
Duration: Standing orders have no statutory time limit, lasting until modified or terminated. TROs, on the other hand, are limited to 14 days, with a possible extension under certain circ*mstances.
Additional Powers of TROs: TROs can exclude a party from the marital residence or deny access to children, which standing orders typically do not have the authority to do.
Violation and Consequences:
Legal Ramifications: Violating a standing order constitutes a violation of a court order and can result in contempt of court charges.
Enforcement: A party can file a motion to enforce a standing order if the other party violates it.
Legal Guidance: Seeking advice from a lawyer is crucial to understanding the potential consequences of violating a standing order.
In summary, standing orders play a crucial role in family law cases, serving as temporary rules to maintain stability until a judge can make a formal ruling. Understanding the specific standing orders in your jurisdiction and complying with them is essential to navigating the legal process effectively.
