Legal Question in Family Law in Texas

My baby's mother is trying to file a restraining order because she's saying that I ride around with him not in a car seat. This is not true and she has never addressed this with me. Before this happened, I told her I was going to file file a motion for contempt of court because she has refused my visitation on several occasions and I was tired of it. Her application has not been processed but I know that she has given a statement to her lawyer accusing me of this and her lawyer is going to file this along with the application for a restraining order. How will this work? She is trying to keep me from seeing my son by telling the judge that I do not have him in a carseat but she has never said anything about a carset to me and I have NEVER had him in the car without a carseat. Will a judge approve a restraining order, even temporary, just because she is saying that I have him without a carseat and she has no proof because it is a lie? Am I going to have to acctually pay a lawyer to fight this accusation even though she has no proof? Why doesn't her lawyer tell her to call the police if she thinks that I have no carseat or have the police there when I drop him off to prove it? Why can she do this to me with out proof?


Asked on 10/06/09, 10:43 am

2 Answers from Attorneys
Mark Dunn Mark D. Dunn

If in fact she does file something that asks for a restraining order, there will be a hearing in short order - usually 10-14 days after the application is filed. That's when you get to go to court and tell your side of the story. You should probably plan to take a lawyer with you. Don't worry about anything until you are actually SERVED.

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Answered on 10/14/09, 6:20 pm
Patricia F. Bushman BUSHMAN LAW OFFICES

TRO (Temporary Restraining Orders) are no big deal. They only last for 2 weeks unless they are specifically extended and then they usually only last until the Court can have a hearing. A TRO is not the same thing as a protective order. The next time don't threaten to file an enforcement, just do it. Don't get caught up in these games.

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Answered on 10/15/09, 12:17 pm


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