You’ve already gone through the process of obtaining a temporary order against another party in Fort Bend County, Texas. Now, you need to modify this order to strengthen the protection while waiting for a final order.
We understand that navigating the legal waters of modifying temporary orders in Fort Bend can often seem daunting, especially if you’re unfamiliar with the modification process or if you’re physically drained from ongoing court proceedings.
Whether these orders pertain to child custody, support, or other family law matters, understanding how to file a motion to modify temporary orders is crucial for ensuring that your interests are fairly represented in the court.
Let’s take a closer look at the key steps involved in the process of modifying temporary orders in Fort Bend. First, we’ll cover the basics of a temporary order and cover typical situations that may pertain to your case.
How Temporary Orders Work in a Family Law Matter
Also called a “temporary restraining order” (TRO), a temporary order can be used in family law cases such as divorce proceedings or child custody cases to make decisions about children and property before they can be completed.
Cases related to family law can take a long time to complete, especially if they’re contested. While your case is waiting to be finished, you may feel the need to put some temporary orders in place about your children or the use of property.
Either party in a family law case can file a motion for temporary orders. From there, the judge will conduct a hearing so they can hear from both parties involved. And after both of you have presented your case, the judge will make a decision.
The temporary order will remain in effect until the final order has been signed by the judge or until they decide to modify it.
What Temporary Orders Can Include
Temporary orders are typically filed as part of a larger case, such as a divorce or child custody. In cases involving children, temporary orders can include anything that’s necessary for the welfare and safety of the children. These orders will often include:
- Temporary conservatorship (child custody order).
- Temporary possession (child visitation).
- The provision of insurance.
- The exchange of financial information for setting child support.
In divorce cases, temporary orders can also include:
- Temporary use of property.
- Temporary payment of debts.
- Temporary spousal support.
- Interim attorney’s fees.
- The exchange of information for dividing property and debt in a fair manner.
Your case may pertain to one or multiple types of temporary orders we identified. A TRO can remain in effect for 14 days or until the hearing can take place (whichever is sooner). It can include any orders that are necessary for the protection of your property, as well as for the safety of you and your children.
Steps for Modifying a Temporary Order in Fort Bend County
You can ask the court to change temporary orders by filing a motion, but you must be able to prove that there was a “significant change in circumstances.” We recommend that you speak with a family law attorney before moving forward to ensure your best interests are considered.
The key is to ensure you retain the original protections created by the original temporary order. You don’t want to risk losing this protection if you try to handle the modification on your own.
If you’re looking for a local attorney in Fort Bend County who can help you create a motion to modify temporary orders, be sure to get in touch with our team at Parker & Aguilar. We can help you walk through the following key steps on the path to modifying the original temporary order.
1. Prepare Your Case
Before you can file a motion to modify a temporary order in Fort Bend County, you must prepare your case. Be sure to read any instructions related to your original case, and make sure you have legal grounds to request a modification.
2. Fill Out the Appropriate Court Forms
When requesting a modification, make sure you complete the appropriate forms. We can help you file the appropriate forms with the Fort Bend County Family Law Division to request the next hearing.
3. File The Motion and Present To The Court
You will want to file your motion with the same court that issued the original order. In Fort Bend County, this will likely be the District Clerk’s office. You’ll need to pay a filing fee unless you qualify for a fee waiver, which we can help you evaluate.
4. Prepare for the Hearing
The quality of your evidence is crucial when requesting a modification to an original order. You must collect evidence that supports your claim that there has been a substantial change in circumstances that prompted your request for the modification. Evidence may include documents, email or text exchanges, and witness testimony.
5. Attend the Hearing
A modification hearing will be scheduled with the presiding judge in your case. During the hearing, you will have the opportunity to present your evidence and argue why the modification is necessary.
The judge may ask you to present your evidence and review your statements on why you are seeking a modification. They may even ask you some additional questions, and they will use all this information to decide whether to grant or deny your request.
The other party will also have the opportunity to present their counter-arguments and evidence. If they hire a lawyer to represent their interests, we can help you even the playing field in the court. From there, the judge will decide whether to modify the original court order.
6. Wait for the Judge’s Decision
After hearing both parties, the judge will make a decision. If the motion is granted, new temporary orders will be issued. If you have any questions about what the judge ruled, we can provide answers and guide you on the next steps.
Find Support Filing a Motion to Modify Temporary Orders
We understand that the legal system can be complex, especially if you’re going through multiple legal situations at one time. That’s why it’s beneficial to seek support from a team of family law attorneys who can provide support directly related to your specific circumstances.
Our attorneys are very familiar with modifications in Fort Bend County, and we can provide valuable guidance throughout your case. From helping you file a motion to modify temporary orders to arriving at a positive outcome, we are here to serve you throughout the process.
We currently support individuals throughout Fort Bend, including Sugar Land, Missouri City, Richmond, Rosenberg, Stafford, Katy, Fulshear, and other towns in the bustling region.
You can reach our Sugar Land office at 281-944-5485 to speak with a local attorney who is ready to support your case. Contact us today to discuss modifying a temporary order to better fit your circumstances.