Legal Question in Family Law in Texas
appeal of frivolous protective order
Ex Parte order was granted though requirements were not met even if alligations made were true was in different county over 5 years ago. She was awarded $ 2500 attorneys fees yet judge how no info from me as required by code to award that. There was no physical evidece. None of the claims in the application were supported by when or where. Request for more time to prepare, as she had moved and further concealed property and evidece I neede was denied. Is this an abuse of discretion.Is it appealable
Asked on 9/30/07, 5:27 pm
1 Answer from Attorneys
James Grissom
Law Office of James P. Grissom
Re: appeal of frivolous protective order
Appeal and mandamus is a particularly procedural practice. You should first timely request a rehearing, then pursue writ of mandamus for abuse of discretion. Good Luck.
Answered on 9/30/07, 6:20 pm