People are often confused by the terms used in family law. Ex parte order. Temporary Domestic Order. Temporary Order of Protection. Restraining Order. All of these terms, plus others, can bring a lot of confusion. In this blog we wanted to address a temporary domestic order. Here are the things associated with a temporary domestic order:
A temporary domestic order (TDO) is issued pursuant to Rule 1-121 NMRA. It is not an order of protection under federal or state law. It is otherwise fully enforceable. It applies to both parties. The order will continue in effect until modified. The TDO orders the parties during a family law case to do or refrain from the following:
- Do not injure or physically or mentally abuse, molest, intimidate, threaten or harass the other party or any child of either party.
- Do not interfere with the relationship of your spouse with any child of either party. If you are living apart, you shall each continue to have frequent contact and communication with any minor child of both parties, personally and by telephone. A party shall notify the other party of any change of address or telephone number within twenty-four (24) hours of the change.
- Do not change a child’s school, religion, child care, doctor, dentist, physical or mental treatment or recreational activities in which the child has been participating.
- Do not remove, cause or permit the removal of any minor child of both parties from the State of New Mexico without court order or written consent of the other party.
- Do not make the other party leave the family home, whether it be community or separate property, without court order. You should attempt to resolve the question of who leaves the home in a fair manner. If you cannot agree, you must ask the court to decide.
- Do not incur unreasonable or unnecessary debts. Any debt that does not contribute to the benefit of both spouses or the minor children of the parties which is incurred after you have separated, may be the separate debt of the party who incurs the debt.
- Do not sell, remove, transfer, dispose of, hide, encumber or damage any property, real or personal, community or separate, except in the usual course of business or for the necessities of life. Keep an accounting of any transactions to show to the court.
- Do not drop or cancel any insurance policy, including automobile or other vehicle insurance, household insurance, medical or dental insurance or life insurance.
- Do not terminate or change the beneficiaries of any existing life insurance policy.
- Do not close any financial institution account or cancel any credit cards nor remove the other party from any credit card account during pendency of this case, unless the
parties otherwise agree in writing.
- Do not liquidate, cash out, remove funds from or take loans against any retirement account. Keep an accounting of any transactions to show to the court.
These are some of the general terms of a TDO. To learn more about how a TDO can help you contact the family law experts at Justice Legal Group.