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Current as of January 01, 2024 | Updated by Findlaw Staff
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In the District Courts |
Williamson County |
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County Courts at Law |
State of Texas |
WILLIAMSON COUNTY STANDING ORDER REGARDING CHILDREN, PROPERTY, AND CONDUCT OF PARTIES
THIS WILLIAMSON COUNTY STANDING ORDER REGARDING CHILDREN, PROPERTY AND CONDUCT OF PARTIES IS BINDING ON THE PARTIES, THE PARTIES' OFFICERS, AGENTS, SERVANTS, EMPLOYEES, ATTORNEYS, AND ANY OTHER PERSON WHO ACTS IN CONCERT OR PARTICIPATION WITH THE PARTIES OR THEIR AGENTS AND WHO RECEIVES ACTUAL NOTICE OF THESE ORDERS AND IS ENFORCEABLE BY CONTEMPT.
No party to this lawsuit has requested this order. Rather, this order is a standing order of the Williamson County District and County Courts that applies in every divorce suit and every original suit affecting the parent-child relationship filed in Williamson County. THIS STANDING ORDER DOES NOT APPLY TO MODIFICATIONS OF EXISTING FINAL ORDERS. The District and County Courts at Law of Williamson 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; provided, however, this paragraph shall not prohibit or restrict a party from so removing the children if an active prior court order gives that party the right to designate the primary residence of the child or children.
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 of 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 parties are ORDERED to refrain from doing the following acts:
2.1. Using harassing language 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.
2.5. Using any password or personal identification number to gain access to the other party's email account, bank account, social media account, or any other electronic account.
2.6. Illegally intercepting or recording the other party's electronic communications.
2.7. Tracking or monitoring personal property or a motor vehicle in the possession of a party, without that party's effective consent, including by:
2.7.1. Using a tracking application on a personal electronic device in the possession of that party or using a tracking device; or
2.7.2. Physically following that party or causing another to physically follow that 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 parties. 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 parties. Damaging or destroying the tangible property of one or both parties, including any document that represents or embodies anything of value.
3.2. Tampering with the tangible property of one or both parties, including any document that represents or embodies anything of value, and causing pecuniary loss to the other party.
3.3. 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.
3.4. Incurring any indebtedness, other than legal expenses in connection with this suit, except as specifically authorized by this order.
3.5. Making withdrawals from any checking or savings account in any financial institution for any purpose, except as specifically authorized by this order. 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. Withdrawing or borrowing in any manner for any purpose from any retirement, savings plan or from any individual retirement account or Keogh account, except as specifically authorized by this order.
3.6. 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.
3.7. Taking any action to terminate or limit credit or charge cards in the name of the other party.
3.8. Entering, operating, or exercising control over the motor vehicle in the possession of the other party.
3.9. Discontinuing or reducing the withholding for federal income taxes on wages or salary while this suit is pending.
3.10. 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 case, both parties to the marriage are ORDERED to refrain from doing the following acts:
4.1. Concealing, disposing of, altering, or destroying any family records, property records, financial records, business records or any records of income, debts, or other obligations, including but not limited to a canceled check, deposit slip, and other records from a financial institution, a record of credit purchases or cash advances, a tax return, or a financial statement.
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, in a removable storage device, in cloud storage or other electronic storage medium.
4.4. Destroying, disposing of, or altering any email, text message, video or chat message, or other electronic data or electronically stored information relevant to the subject matter of this case.
4.5. Modifying, changing, or altering the native format or metadata of any electronic data or electronically stored information relevant to the subject matter of this case.
5. Insurance in Divorce Case. If this is a divorce case, both parties to the marriage are ORDERED to refrain from doing the following act:
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 of 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 or 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 of Every Divorce Suit and Every Original Suit Affecting Parent Child Relationship. If order is not attached, the filing will be returned with the stated reason:
“Williamson County requires the WILLIAMSON COUNTY STANDING ORDER REGARDING CHILDREN, PROPERTY AND CONDUCT OF THE PARTIES be attached to the Original Petition of every Divorce and every Original Suit Affecting the Parent Child Relationship. Please attach with petition and resubmit.”
If a self-represented litigant files a Divorce or an Original Suit Affecting the Parent Child Relationship, the Clerk will add and accept the filing.
7.2. This order is effective upon 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 or Child Protective Services order that has already been entered or is later entered, the protective order or Child Protective Services 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 order.
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 WILLIAMSON COUNTY STANDING ORDER REGARDING CHILDREN, PROPERTY, AND CONDUCT OF THE PARTIES SHALL BECOME EFFECTIVE ON NOVEMBER 1, 2023.
Cite this article: FindLaw.com - Vernon's Texas Rules Annotated - VTRA TX R WILLIAMSON CTY Exhibit C. Standing Order Regarding Children, Property, and the Conduct of Parties - last updated January 01, 2024 | https://codes.findlaw.com/tx/vernon-s-texas-rules-annotated/vtratx-r-williamson-cty-exhibit-c/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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