The Montgomery County District Court and County Courts at Law issues a standing order for all divorce lawsuits and family law cases. As a matter of law, parties and lawyers must obey the standing order even if they did not ask for the order or are unaware of it. It is assumed as a matter of law that everyone is on notice of the standing orders. A standing order is a rule that broadly applies, does not require parties to submit a request for the order, and carries the same authority of a court order adjudicated in a specific case. Violations of a standing order can result in contempt charges. All courts within Montgomery County agreed to the standing order and require spouses filing for divorce or lawsuits involving children to include a copy of this order with their petition for the divorce or child related lawsuit. The Montgomery County Standing Order Regarding Children, Pets, Property, and Conduct of the Parties is the official and full name of this particular standing order, issued in 2009.
Areas the order addresses
The standing order specifies prohibited behavior involving:
The order also specifies types of business and financial actions that the court authorizes parties to take during the lawsuit.
When the order goes into effect
The order is immediately effective when the party files an original petition and remains in force for 14 days. It serves as a temporary restraining order. Parties may contest the order at a hearing and present evidence within the 14-day period. Unless contested, the order remains in full force as a temporary injunction and is no longer in force when the court signs a final order. Texas divorce lawyers can answer spouses’ questions and advise them about how the standing order applies to their case.