Texas Family Code - Section 105.001. Temporary Orders Before Final Order
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§ 105.001. TEMPORARY ORDERS BEFORE FINAL ORDER. (a) In a
suit, the court may make a temporary order, including the
modification of a prior temporary order, for the safety and welfare
of the child, including an order:
(1) for the temporary conservatorship of the child;
(2) for the temporary support of the child;
(3) restraining a party from disturbing the peace of
the child or another party;
(4) prohibiting a person from removing the child
beyond a geographical area identified by the court; or
(5) for payment of reasonable attorney's fees and
expenses.
(b) Except as provided by Subsection (c), temporary
restraining orders and temporary injunctions under this section
shall be granted without the necessity of an affidavit or verified
pleading stating specific facts showing that immediate and
irreparable injury, loss, or damage will result before notice can
be served and a hearing can be held. Except as provided by
Subsection (h), an order may not be rendered under Subsection
(a)(1), (2), or (5) except after notice and a hearing. A temporary
restraining order or temporary injunction granted under this
section need not:
(1) define the injury or state why it is irreparable;
(2) state why the order was granted without notice; or
(3) include an order setting the cause for trial on the
merits with respect to the ultimate relief requested.
(c) Except on a verified pleading or an affidavit in
accordance with the Texas Rules of Civil Procedure, an order may not
be rendered:
(1) attaching the body of the child;
(2) taking the child into the possession of the court
or of a person designated by the court; or
(3) excluding a parent from possession of or access to
a child.
(d) In a suit, the court may dispense with the necessity of a
bond in connection with temporary orders on behalf of the child.
(e) Temporary orders rendered under this section are not
subject to interlocutory appeal.
(f) The violation of a temporary restraining order,
temporary injunction, or other temporary order rendered under this
section is punishable by contempt and the order is subject to and
enforceable under Chapter 157.
(g) The rebuttable presumptions established in favor of the
application of the guidelines for a child support order and for the
standard possession order under Chapters 153 and 154 apply to
temporary orders. The presumptions do not limit the authority of
the court to render other temporary orders.
(h) An order under Subsection (a)(1) may be rendered without
notice and an adversary hearing if the order is an emergency order
sought by a governmental entity under Chapter 262.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 575, § 5, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 1390, § 3, eff. Sept. 1, 1999;
Acts 2003, 78th Leg., ch. 1036, § 1, eff. Sept. 1, 2003.
Section: 104.001 104.002 104.003 104.004 104.005 104.006 104.007 105.001 105.0011 105.002 105.003 105.004 105.005 105.006 105.007
Last modified: August 11, 2007
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