Under Texas law, it’s very routine to get a restraining order with a divorce. At the original filing, an ex-parte (one sided) restraining order may be requested with routine orders to keep the peace, not hide the kids, not clean out the bank accounts, not sell off the community property, not withdraw the kids from school, not to destroy evidence, and much more.
Restraining Orders: Child Custody & Divorce
A request for a restraining order may contain a sworn affidavit and proper pleading for “extraordinary relief” when they are immediate and imminent to the children or the person applying for the divorce. It’s important to know that whatever you state as the basis of your request for that relief will have to be taken up by the judge in a hearing with the other party that the restraining order served or presented for the hearing to have an opportunity to be heard.
The hearing for restraining order must have a hearing set within 14 days of the issuance of that ex-parte restraining order, or it will expire, unless otherwise extended. A Writ of Attachment is sometimes applied for when the parent shows the court a need to have law enforcement involved in either a) the return of a child or b) the removal of a person from a residence. These options must be taken on a case by case basis. The credibility of the client must be protected, so the judge feels like they made the right decision once all the evidence and facts are present that justify the ex-parte rulings for restraining orders, extraordinary relief, or Writ of Attachments.
The tempo of the case is set at the first impression. One just assures that the court is confident there is no personal vendetta, but only legitimate concerns for safety of children, property, and persons.
For more information about temporary restraining orders in Divorces and Child Custody, call The Barrera Law Firm at (956) 428-2822, or reach out online for a free consultation with an attorney.
