Every divorce in Austin is governed by the Travis County Standing Order. The standing order consists of a set of rules adopted by the court which govern the actions of the parties to a divorce case or any other lawsuit filed which impacts the parent-child relationship. The purpose of the Travis County Standing Order is to protect the parties and their children as well as the property of the parties while the litigation is pending.
The Travis County Standing Order prevents the parties to a divorce in Austin from engaging in the following actions, among other things:
• Disrupting the children by removing them from the State of Texas, withdrawing the them from school or daycare, hiding them from the other parent, or otherwise disturbing the peace of the children;
• Harassing or threatening the other party verbally or in writing, including using profanity or obscene or offensive language;
• Calling the other party at an unreasonable hour or in an offensive or repetitious manner without a legitimate reason for calling;
• Opening or diverting mail of the other party;
• Destroying, selling, or otherwise disposing of property;
• Diverting or concealing money and assets;
• Concealing or destroying family, property, financial, or business records or any records pertaining to the assets and debts of the parties;
• Falsifying property records;
• Borrowing against insurance policies; and
• Changing the beneficiaries on or canceling insurance policies.
The Travis County Standing Order also specifically authorizes the parties to an Austin divorce to engage in certain actions, including
• Any acts necessary to conduct the regular business or occupation of the parties;
• To incur reasonable attorney's fees and other expenses necessary to prosecute or defend the lawsuit;
• To make reasonable expenditures for housing, food, transportation, clothing, and medical expenses; and
• To make withdrawals from financial accounts in connection with the actions authorized by the standing order.
The standing order must be served on the defendant concurrently with the petition for divorce or other family law pleading. It remains in effect as a temporary restraining order for 14 days during which time either party may contest it. If no party contests the standing order within 14 days of the filing of the original petition, the order remains in effect as a temporary injunction until further notice of the court or until a final order is entered, at which time the standing order is terminated.
If either party to an Austin divorce violates the standing order, they may be held in contempt. If you believe that the standing order in your case has been violated, you should notify your Austin family law attorney immediately so that he can take the proper steps to notify the court of the violation and bring the other party into compliance with the terms of the standing order.
If you are not represented by counsel and believe the standing order in your case has been violated, you should contact the Law Office of Willie & Dasher to schedule a consultation.
