Tex. Fam. Code § 105.001 · Chapter 105. SETTINGS, HEARINGS, AND ORDERS
TEMPORARY ORDERS BEFORE FINAL ORDER.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In a suit, the court may make a temporary order, including the modification of a prior temporary order, for the safety and welfare of the child, including an order:
(1) for the temporary conservatorship of the child;
(2) for the temporary support of the child;
(3) restraining a party from disturbing the peace of the child or another party;
(4) prohibiting a person from removing the child beyond a geographical area identified by the court; or
(5) for payment of reasonable and necessary attorney's fees, court costs, and expenses.
(a-1) If the court on its own motion refers to mediation a suit in which an initial hearing regarding the rendition of a temporary order described by Subsection (a) has not yet occurred, the court may not postpone the hearing to a date that is later than the 30th day after the date set for the hearing.
(b) Except as provided by Subsection (c), temporary restraining orders and temporary injunctions under this section shall be granted without the necessity of an affidavit or verified pleading stating specific facts showing that immediate and irreparable injury, loss, or damage will result before notice can be served and a hearing can be held. Except as provided by Subsection (h), an order may not be rendered under Subsection (a)(1), (2), or (5) except after notice and a hearing. A temporary restraining order or temporary injunction granted under this section need not:
(1) define the injury or state why it is irreparable;
(2) state why the order was granted without notice; or
(3) include an order setting the cause for trial on the merits with respect to the ultimate relief requested.
(c) Except on a verified pleading or an affidavit in accordance with the Texas Rules of Civil Procedure, an order may not be rendered:
(1) attaching the body of the child;
(2) taking the child into the possession of the court or of a person designated by the court; or
(3) excluding a parent from possession of or access to a child.
(d) In a suit, the court may dispense with the necessity of a bond in connection with temporary orders on behalf of the child.
(e) Temporary orders rendered under this section are not subject to interlocutory appeal.
(f) The violation of a temporary restraining order, temporary injunction, or other temporary order rendered under this section is punishable by contempt and the order is subject to and enforceable under Chapter 157.
(g) The rebuttable presumptions established in favor of the application of the guidelines for a child support order and for the standard possession order under Chapters 153 and 154 apply to temporary orders. The presumptions do not limit the authority of the court to render other temporary orders.
(h) An order under Subsection (a)(1) may be rendered without notice and an adversary hearing if the order is an emergency order sought by a governmental entity under Chapter 262.
Notes and commentary — not statutory text
History
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1997, 75th Leg., ch. 575, Sec. 5, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1390, Sec. 3, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1036, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 509 (H.B. 2671), Sec. 2, eff. September 1, 2023.
Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 19, eff. September 1, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FA/htm/FA.105.htm
- Text hash
- sha256 c1304a33c85408a83269880332a783a7b89fe1af51db612241d0a61d820fc3a0
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 4 provisions
Provisions in this library whose text cites Tex. Fam. Code § 105.001. Each shows the citation as that text prints it.
Family Code
- Tex. Fam. Code § 153.602PARENTING PLAN NOT REQUIRED IN TEMPORARY ORDER.Printed as Section 105.001
- Tex. Fam. Code § 262.102EMERGENCY ORDER AUTHORIZING POSSESSION OF CHILD.Printed as Section 105.001(a)(1)
- Tex. Fam. Code § 262.404FILING SUIT; PETITION REQUIREMENTS.Printed as Section 105.001
- Tex. Fam. Code § 264.203REQUIRED PARTICIPATION.Printed as Section 105.001
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.