Standing Orders and Court Processes

In Montgomery County, Texas, the judges have agreed that in divorce and child custody cases that affect children, the parties must follow the “Montgomery County Standing Orders.” The standing orders are general orders and injunctions that are requested as part of any general relief family case temporary orders and injunctions. These orders require parties to behave in a certain way and to refrain from behaving in a way that negatively affect the children or the community estate. Generally, parties are ordered to act civilly towards each other, refrain from spending large sums of money, refrain from talking negatively about their spouse in front of the children, refrain from hiding the children from the other party, and refrain from harassing the other parties. If a party violates the Montgomery County Standing Orders that party can be held accountable by the judge by paying a fine, court costs, and sometimes jail time. The judges in Montgomery County take these violations very seriously and will hold a party accountable for violating the standing orders. The Montgomery County Standing orders act as a basic type of Temporary Order and Temporary Restraining Order and allow the parties in a divorce or family custody case to hold the other party accountable if they behave badly during the time before mediation and a hearing can be held. The Standing Orders may even last the entire time the divorce case or child custody case is pending before the court and the Judges will hold a party in Contempt for violations of the standing orders. The penalties for violating the standing orders can be fines, probation, attorney’s fees and even in egregious violations jail time.

In addition to the standing orders regarding behavior of the parties, each court has a standing order regarding mediation prior to a contested hearing. Mediation is a process by which parties work through the issues in their divorce or child custody case and come to agreements on a temporary basis regarding the community property, bills, and the children. This step is required by each Montgomery county family court Judge except in extreme circumstances of family violence. There are many mediators in Montgomery County, Texas and each has certain strengths. Picking the correct mediator and properly preparing for mediation can make the process of divorce or child custody much easier and more cost effective. The cost of mediation varies widely but will ultimately be more cost effective and less stressful than preparing for and paying for a trial or hearing on the same issues. Jeredith Jones, Attorney at Law assists her clients in choosing the best mediator to address each aspect of the case and to effect the most reasonable settlement. In many cases, Jeredith Jones, Attorney at Law can, with the assistance of a mediator, settle the case in a cost effective and efficient way.

In addition to the previous required court orders, each court in Montgomery County, Texas requires a four-hour parenting class. In each family divorce or custody case for the state of Texas, the parties are required by law to complete a four-hour co-parenting course for families going through a court battle where children are involved. The Standing Orders regarding the class vary somewhat between each of the courts and your attorney at the Jeredith Jones, Attorney at Law will assist you in taking the course without hassle.

The lawyers at the Jeredith Jones, Attorney at Law understand that it is important to understand both sides of the standing orders so that you know your rights and so that you understand how to protect yourself from violating the Standing Orders without intention to do so. The attorney’s at Jeredith Jones, Attorney at works diligently to assist you to understand every aspect of your divorce so that you are comfortable with the process and you understand your rights.

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