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Dallas County and Travis
County have both recently taken a large step toward the California
model of divorce. Both have instituted, "standing orders," as a
part of their local rules for the divorce process. What that
means is that the instant that you file for a divorce, you are under
automatic restraining orders and, if you violate them, you can be in
deep trouble. As a service to our customers, we're publishing the
full text of the standing orders here.
Dallas County
Standing Order Regarding Children,
Property and Conduct of the Parties
No party to this lawsuit has requested this order. Rather,
this order is a standing order of the Dallas County District Courts
that applies in every divorce suit and every suit affecting the
parent-child relationship filed in Dallas County. The District Courts
of Dallas County have adopted this order because the parties and their
children should be protected and their property preserved while the
lawsuit is pending before the court. Therefore, it is ORDERED:
1. No Disruption of Children.
Both parties are ORDERED to refrain from doing the
following acts concerning any children who are subjects of this case:
1.1 Removing the children from the State of
Texas, acting directly or in concert with others, without the written
agreement of both parties or an order of this Court.
1.2 Disrupting or withdrawing the children
from the school or day-care facility where the children are presently
enrolled, without the written agreement of both parents or an order of
this Court.
1.3 Hiding or secreting the children from the
other parent or changing the children’s current place of abode, without
the written agreement of both parents or an order of this Court.
1.4 Disturbing the peace of the children.
2. CONDUCT OF THE PARTIES DURING THE CASE.
Both pasties are ORDERED to refrain from doing the following acts:
2.1 Using vulgar, profane, obscene, or
indecent language, or a coarse or offensive manner to communicate with
the other party, whether in person, by telephone, or in writing.
2.2 Threatening the other party in person, by
telephone, or in writing to take unlawful action against any person.
2.3 Placing one or more telephone calls, at an
unreasonable hour, in an offensive or repetitious manner, without a
legitimate purpose of communication or anonymously.
2.4 Opening or diverting mail addressed to
the other party.
3. PRESERVATION OF PROPERTY AND USE OF FUNDS DURING
DIVORCE CASE.
If this is a divorce case, both parties to the marriage are ORDERED to
refrain from doing the following acts:
3.1 Destroying, removing, concealing,
encumbering, transferring, or otherwise harming or reducing the value
of the property of one or both of the parties.
3.2 Misrepresenting or refusing to disclose to
the other party or to the Court, on proper request, the existence,
amount, or location of any property of one or both of the parties.
3.3 Damaging or destroying the tangible
property of one or both of the parties,including any document that
represents or embodies anything of value.
3.4 Tampering with the tangible property of
one or both of the parties, including any document that represents or
embodies anything of value, and causing pecuniary loss to the other
party.
3.5 Selling, transferring, assigning,
mortgaging encumbering, or in any other manner alienating any of the
property of either party, whether personal property or real estate
property, and whether separate or community except as specifically
authorized by this order.
3.6 Incurring any indebtedness other than
legal expenses in connection with this suit, except as specifically
authorized by this Order.
3.7 Making withdrawals from any checking or
savings account in any financial nstitution for any purpose, except as
specifically authorized by this order.
3.8 Spending any sum of cash in either
party’s possession or subject to either party’s control for any
purpose, except as specifically authorized by this order.
3.9 Withdrawing or borrowing in any manner for
any purpose from any retirement, profit-sharing, pension, death, or
other employee benefit plan or employee savings plan or from any
individual retirement account or Keogh account, except as specifically
authorized by this order.
3.10 Signing or endorsing the other party’s
name on any negotiable instrument, check, or draft, such as tax
refunds, insurance payments and dividends or attempting to negotiate
any negotiable instrument payable to the other party without the
personal signature of the other party.
3.11 Taking any action to terminate or limit
credit or charge cards in the name of the other party.
3.12 Entering, operating, or exercising
control over the motor vehicle in the possession of the other party.
3.13 Discontinuing or reducing the withholding
for federal income taxes on wages or salary while this suit is pending.
3.14 Terminating or in any manner affecting
the service of water, electricity gas, telephone, cable television, or
other contractual services, such as security pest control, landscaping,
or yard maintenance at the other party’s residence or in any manner
attempting to withdraw any deposits for service in connection with such
services.
4. PERSONAL AND BUSINESS RECORDS IN DIVORCE CASE.
If this is a divorce both parties to the marriage are
ORDERED to refrain from doing the following acts:
4.1 Concealing or destroying any family
records, property records, financial records, business records or any
records of income, debts, or other obligations.
4.2 Falsifying any writing or record relating
to the property of either party
4.3 “Records” include e-mail or other digital
or electronic data, whether stored on a computer hard drive, diskette
or other electronic storage device.
5 . INSURANCE IN DIVORCE CASE. If
this is a divorce case, both parties to the marriage are ORDERED to
refrain from doing the following acts:
5.1 Withdrawing or borrowing in any manner
all or any part of the cash surrender value of life insurance policies
on the life of either party, except as specifically authorized by this
order.
5.2 Changing or in any manner altering the
beneficiary designation on any life insurance on the life of either
party or the parties’ children.
5.3 Canceling, altering, or in any manner
affecting any casualty automobile, or health insurance policies
insuring the parties’ property of persons including the parties’ minor
children.
6. SPECIFIC AUTHORIZATIONS IN
DIVORCE CASE. If this is a divorce case, both parties to the
marriage are specifically authorized to do the following:
6.1 To engage in acts reasonable and
necessary to the conduct of that party’s usual business and occupation.
6.2 To make expenditures and incur
indebtedness for reasonable attorney’s fees and expenses in connection
with this suit.
6.3 To make expenditures and incur
indebtedness for reasonable and necessary living expenses for food,
clothing, shelter, transportation and medical care.
6.4 To make withdrawals from accounts in
financial institutions only for the purposes authorized by this order.
7. SERVICE AND APPLICATION OF THIS
ORDER.
7.1 The Petitioner shall attach a copy of
this order to the original petition and to each copy of the petition.
At the time the petition is filed, if the Petitioner has failed to
attach a copy of this order to the petition and any copy of the
petition, the Clerk shall ensure that a copy of this order is attached
to the petition and every copy of the petition presented.
7.2 This order is effective upon the filing of
the original petition and shall remain in full force and effect as a
temporary restraining order for fourteen days after the date of the
filing of the original petition. If no party contests this order by
presenting evidence at a hearing on or before fourteen days after the
date of the filing of the original petition, this order shall continue
in full force and effect as a temporary injunction until further order
of the court. This entire order will terminate and will no longer be
effective once the court signs a final order.
8. EFFECT OF OTHER COURT ORDERS.
If any part of this order is different from any part
of a protective order that has already been entered or is later
entered, the protective order provisions prevail.
Any part of this order not changed by some later order
remains in full force and effect until the court signs a final decree.
9. PARTIES ENCOURAGED TO MEDIATE.
The parties are encouraged to settle their disputes amicably without
court intervention. The parties are encouraged to use alternative
dispute resolution methods, such as mediation, to resolve the conflicts
that may arise in this lawsuit.
THIS DALLAS COUNTY STANDING ORDER REGARDING CHILDREN,
PROPERTY AND CONDUCT OF THE PARTIES SHALL BECOME
EFFECTIVE ON August 1, 2005.
Standard Disclaimer
Our Divorce Forms and the Divorce Course are designed as educational
software to enable and empower you. They are not intended as a
substitute for competant legal counsel
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About the author:
Daniel Adair spent 16 years working in a family law office in Central
Texas. He is the author of, "The Texas Divorce Course, A
Peoples'
Guide to the Texas Divorce System," and has written
extensively
on the Texas divorce process.
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