Standing Orders
Q: What is a “Standing Order?”
A “Standing Order” refers to an Order that is issued by some District Courts in Texas at the time a divorce petition or a suit affecting the parent-child relationship is filed. The Dallas County Family Law District Courts, as well as the Collin County, Denton County, and Rockwall County District Courts have all issued a form Standing Order. Although the Standing Orders for each of these counties is somewhat different, they are more similar than not. The Standing Orders act to establish rules that you and the other party must follow while your case is pending. For all practical purposes, a Standing Order is a form of a temporary restraining order which becomes a temporary injunction and remains in effect throughout the divorce proceeding.
Q: How did my spouse get the Court to issue these Standing Orders against me?
All of the Standing Orders are issued automatically without any request being made by your spouse. It is a requirement of the Courts that the Standing Order be attached to any divorce petition or suit affecting the parent-child relationship filed in a county that has a Standing Order.
Q: Are the Standing Orders really that important?
Yes. Each party and their attorneys must follow the Standing Orders or risk being held in contempt of court or fined or both.
Q: What happens if I or my spouse doesn’t follow the Standing Orders?
The other party to the lawsuit may file a pleading called a Motion for Enforcement against you and ask the Court to hold you in contempt for violating any part of the Standing Order. For example, the Collin County Standing Order states that no party may remove a child from the State of Texas while the case is pending without agreement of the other party or order of the Court. If, for example, your spouse takes your child to Kansas without your consent or without the Court’s order during your divorce suit, your attorney would proceed to file a Motion for Enforcement against your spouse as a result of violating the Court’s Standing Order. At a hearing, your spouse may be subject to a fine, jail time, or both, for violating the Standing Order as a result of removing your child from the State of Texas without consent.
