What Is A Temporary Hearing?


A Temporary hearing is a hearing that would occur early on in the process when somebody filed a divorce or a suit affecting the parent-child relationship. The temporary hearing would generally happen in the first 10 to 14 days, and the purpose would be to set orders to help the parents or individuals get along until the final hearing.

The temporary hearing would give the parties ground rules to follow. A lot of counties in Texas have something called “Standing Orders” which would affect any child related or a domestic type of case.

Judges like giving some rules which would be applicable to every case in front of their court. We could always ask for a temporary hearing in case there was an issue that was not covered by these standing rules. So we could bring some evidence to court regarding an issue we believed was important.

This Would Be One of the Most Important Hearings and Presumably the Only Hearing in a Family Law Case

The temporary hearing would be the most important hearing because it would often be the only hearing in a family law case. In case of a contested divorce, it may go on for 6 months to possibly even over a year before the parties came back for their final hearing.

It could possibly take over 6 plus months to come back for the final hearing if the suit was affecting the parent-child relationship. At that time, the courts would generally believe that whatever orders they had put into place the first time were appropriate, they would try to maintain the status quo on the final hearing to keep things the way they were going because it was working.

The parties or parents would tend to become accustomed to living under those rules because the emotional connection would have dissipated over time. Their anxiety and fear of the next chapter of their lives would have also lessened.

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Since the rules were working, they got to see their child has often as the rules provided because they had a good relationship. They were getting along with the soon-to-be-ex spouse or the mother or father of the child, they would not want to put that in jeopardy.

Any issues that needed to be contested would generally be brought up at the first hearing, the temporary hearing.

An Attorney Could Really Help During, Before and After These Temporary Hearings

The client would simply be forced to establish the goals and bring forth evidence to the courthouse in a way that effectively fit in the timeframe for the court process.

If I had a full day to present the evidence, in an oral presentation preferably, but I do not have that much time, I have to figure out more creative ways to shrink that evidence down so the judge could easily look at it and then make his determination about what the issues were, and whether those issues corresponded with the goals.

If our client testified well, we would need to know whether they testified well because of the preparation or because of their confidence level. Maybe it was because of the way we did the question and answer session.

In case the client did not do well, then we would have to make sure we covered that spot even more if we had to go to court again. We would also have to reduce the judge’s ruling into a written order as quickly as we could.

In that way, everybody would have a written notice in regards to not only what the judge said, but it would be something they could read and feel. They would know it was important because the judge would have signed the order, if they violated it, they knew they would be accountable to the judge about why such a clear ruling was violated.

We would later go on to make sure we were able to get the information to advocate for a final hearing. Need to see what must be done with the assets or access to the children regarding where they should live.

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