Description
Enclosed Below is half the written substance of the Motion For Temporary Order in Bexar County Texas. The product is formatted and complete, and is the exact document used to ask for temporary orders in Bexar County, Texas.
Beginning of This Motion For Temporary Orders
MOTION FOR TEMPORARY ORDERS
This Motion for Temporary Orders is brought by WIFE, Respondent, who shows in support:
I.
Background
WIFE and Petitioner have been unable to agree on issues related to the children the subject of this suit while this case is pending. In support, WIFE shows that the best interest of the children is a disputed issue in this case, and additional orders regarding possession and access of the children are necessary.
WIFE and Petitioner have also been unable to agree on issues related to the community estate, the parties’ financial resources and obligations, and access to community funds. WIFE has insufficient income for support, and Petitioner has consistently refused to provide community funds to WIFE since the separation.
II.
Requested Relief—Temporary Injunctions
WIFE requests the Court, after notice and hearing, to dispense with the issuance of a bond, to make temporary orders and issue any appropriate temporary injunctions for the preservation of the property and protection of the parties and for the safety and welfare of the children of the marriage as deemed necessary and equitable. WIFE requests that the Court enjoin Petitioner from the following:
1. Intentionally communicating with WIFE in person or in any other manner, including by telephone or another electronic voice transmission, video chat, in writing, or electronic messaging, by use of vulgar, profane, obscene, or indecent language or in a coarse or offensive manner, with intent to annoy or alarm WIFE.
2. Threatening WIFE in person or in any other manner, including by telephone or another electronic voice transmission, video chat, in writing, or electronic messaging, to take unlawful action against any person.
3. Placing a telephone call, anonymously, at any unreasonable hour, in an offensive and repetitious manner, or without a legitimate purpose of communication with the intent to annoy or alarm WIFE.
4. Intentionally, knowingly, or recklessly causing bodily injury to WIFE or to a children of either party.
5. Threatening WIFE or a children of either party with imminent bodily injury.
6. Intentionally, knowingly, or recklessly destroying, removing, concealing, encumbering, transferring, or otherwise harming or reducing the value of the property of one or both of the parties with intent to obstruct the authority of the Court to order a division of the estate of the parties in a manner that the Court deems just and right, having due regard for the rights of each party and the children of the marriage.
7. Intentionally falsifying a writing or record, including an electronic record, relating to the property of either party.
8. Intentionally misrepresenting or refusing to disclose to WIFE or to the Court, on proper request, the existence, amount, or location of any tangible or intellectual property of one or both of the parties, including electronically stored or recorded information.
9. Intentionally or knowingly damaging or destroying the tangible or intellectual property of one or both of the parties, including electronically stored or recorded information.
10. Intentionally or knowingly tampering with the tangible or intellectual property of one or both of the parties, including electronically stored or recorded information, and causing pecuniary loss or substantial inconvenience to WIFE.
11. Selling, transferring, assigning, mortgaging, encumbering, or in any other manner alienating any of the property of one or both of the parties, whether personal property, real property, or intellectual property, and whether separate or community property, except as specifically authorized by order of this Court.
12. Incurring any debt, other than legal expenses in connection with this suit, except as specifically authorized by order of this Court.
13. Withdrawing money from any checking or savings account in any financial institution for any purpose, except as specifically authorized by order of this Court.
14. Spending any money in either party’s possession or subject to either party’s control for any purpose, except as specifically authorized by order of this Court.
15. Withdrawing or borrowing money in any manner for any purpose from any retirement, profit-sharing, pension, death, or other employee benefit plan, employee savings plan, individual retirement account, or Keogh account of either party, except as specifically authorized by order of this Court.
16. Withdrawing, transferring, assigning, encumbering, selling, or in any other manner alienating any funds or assets held in any brokerage account, mutual fund account, or investment account by one or both parties, regardless of whether the funds or assets are community or separate property and whether the accounts are self-managed by a third party, except as specifically authorized by order of this Court.
17. Withdrawing or borrowing in any manner all or any part of the cash surrender value of any life insurance policy on the life of either party or the parties’ children, except as specifically authorized by order of this Court.
18. Entering any safe-deposit box in the name of or subject to the control of one or both of the parties, whether individually or jointly with others.
19. Changing or in any manner altering the beneficiary designation on any life insurance policy on the life of either party or the parties’ children.
20. Canceling, altering, failing to renew or pay premiums on, or in any manner affecting the level of coverage that existed at the time this suit was filed of, any life, casualty, automobile, or health insurance policy insuring the parties’ property or persons including the parties’ children.
21. Opening or diverting mail or e-mail or any other electronic communication addressed to WIFE.
22. Signing or endorsing WIFE’s name on any negotiable instrument, check, or draft, including a tax refund, insurance payment, and dividend, or attempting to negotiate any negotiable instrument payable to WIFE without the personal signature of WIFE.
23. Taking any action to terminate or limit credit or charge cards in the name of WIFE.
24. Discontinuing or reducing the withholding for federal income taxes from either party’s wages or salary.
General Information About Motions For Temporary Orders in Bexar County, Texas
In a Texas divorce case involving children, a Motion for Temporary Orders is a legal document filed by one or both parties to request the court to issue temporary orders that will govern certain aspects of the divorce while the case is pending. These temporary orders are put in place to address immediate issues and provide stability for the parties and the children until a final divorce decree is issued.
The Motion for Temporary Orders typically addresses the following key areas:
- Child Custody and Visitation: The motion may seek temporary orders regarding conservatorship (custody) and possession of the children. It will outline each parent’s rights and responsibilities and establish a temporary visitation schedule.
- Child Support: Temporary child support orders may be requested to ensure that the financial needs of the children are met during the divorce process. The court will use Texas child support guidelines to determine the temporary child support amount.
- Temporary Use of Property and Assets: The motion may address temporary possession of the family home, vehicles, and other property. It may also allocate responsibility for paying certain bills and expenses during the divorce.
- Spousal Support (Temporary Alimony): In cases where one spouse needs financial support during the divorce process, the motion may request temporary spousal support (also known as temporary alimony).
- Health Insurance and Medical Expenses: The motion may address the continuation of health insurance coverage for the children and determine how medical expenses will be shared between the parties.
- Parenting Decision-Making (Temporary Managing Conservatorship): In cases where major decisions need to be made for the children’s welfare (e.g., medical, educational, or religious decisions), the motion may request temporary orders regarding decision-making authority.
- Restraining Orders or Injunctions: The motion may seek restraining orders or injunctions to prevent either party from taking certain actions that could negatively affect the divorce process or the children’s well-being.
It’s important to note that the specific provisions and scope of the Motion for Temporary Orders can vary depending on the unique circumstances of each case. The court will consider the best interests of the children when making decisions on temporary orders.
Temporary orders remain in effect until the divorce case is finalized, at which point they may be replaced by the final divorce decree. However, some temporary orders, such as child custody and support orders, may serve as the basis for the final orders if they are deemed appropriate and in the best interests of the children.
In complex divorce cases with children, seeking the guidance of an experienced family law attorney is highly recommended. An attorney can help draft the Motion for Temporary Orders, represent your interests in court hearings, and ensure that your rights and the best interests of the children are protected throughout the divorce process.
