Tuesday, March 15, 2011

Tarrant County Does Not Have a Standing Order

I have filed Divorce Petitions in Collin, Dallas and Denton counties. Today, I am meeting up with a client in Fort Worth to file a Divorce Petition and as I was readying the needed papers, I noticed that Tarrant County does not have standing orders. I checked the Tarrant County clerk's website for a link and even called the Tarrant County Law Library's office and had it confirmed that Tarrant County does not have standing orders must accompany a Divorce Petition. 
The Texas Family Code provides that restraining orders can be requested and served on parties at the beginning of a divorce. To those without a law background, the language present in the standing orders may seem harsh and even accusatory. However, the courts place little significance is attached to it and in most cases the standing orders are more like boilerplate language in an ordinary contract.
In Tarrant County, a party who files for a divorce, may request a "Temporary Restraining Order" (TRO) and an order setting hearing.  This action is needed in Tarrant County because the courts there do not have an immediate "standing order", however,  judges routinely grant TROs and then make them mutual at the first hearing date.
Sometimes parties served with a TRO are worried that they have been accused of a wide range of bad acts. A TRO is just an example of a fairly common approach in the law that warns parties of potential bad behavior, without accusing parties of committing bad behavior. TROs are routine and courts don't put any significance on them as far as proof, or even accusations, of past acts.

No comments:

Post a Comment