Texas Family Code 109.001 – Temporary Orders During Pendency of Appeal
(a) In a suit affecting the parent-child relationship, on the motion of any party or on the court’s own motion and after notice and hearing, the court may make any order necessary to preserve and protect the safety and welfare of the child during the pendency of an appeal as the court may deem necessary and equitable. In addition to other matters, an order may:
(1) appoint temporary conservators for the child and provide for possession of the child;
(2) require the temporary support of the child by a party;
(3) enjoin a party from molesting or disturbing the peace of the child or another party;
(4) prohibit a person from removing the child beyond a geographical area identified by the court;
(5) require payment of reasonable and necessary attorney’s fees and expenses; or
(6) suspend the operation of the order or judgment that is being appealed.
(b) A temporary order under this section enjoining a party from molesting or disturbing the peace of the child or another party:
(1) may be rendered without:
(A) the issuance of a bond between the parties; or
(B) an affidavit or a verified pleading stating specific facts showing that immediate and irreparable injury, loss, or damage will result; and
(2) is not required to:
(A) define the injury or state why the injury is irreparable; or
(B) include an order setting the suit for trial on the merits with respect to the ultimate relief sought.
Terms Used In Texas Family Code 109.001
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(b-1) A motion seeking an original temporary order under this section:
(1) may be filed before trial; and
(2) may not be filed by a party after the date by which that party is required to file the party’s notice of appeal under the Texas Rules of Appellate Procedure.
(b-2) The trial court retains jurisdiction to conduct a hearing and sign a temporary order under this section until the 60th day after the date any eligible party has filed a notice of appeal from final judgment under the Texas Rules of Appellate Procedure.
(b-3) The trial court retains jurisdiction to modify and enforce a temporary order under this section unless the appellate court, on a proper showing, supersedes the court’s order.
(b-4) On the motion of a party or on the court’s own motion, after notice and hearing, the trial court may modify a previous temporary order rendered under this section if:
(1) the circumstances of a party have materially and substantially changed since the rendition of the previous order; and
(2) modification is equitable and necessary for the safety and welfare of the child.
(b-5) A party may seek review of the trial court’s temporary order under this section by:
(1) petition for writ of mandamus; or
(2) proper assignment in the party’s brief.
(c) A temporary order rendered under this section is not subject to interlocutory appeal.
(d) The court may not suspend under Subsection (a)(6) the operation of an order or judgment terminating the parent-child relationship in a suit brought by the state or a political subdivision of the state permitted by law to bring the suit.
(e) The remedies provided in this section are cumulative of all other remedies allowed by law.