Legal Question in Family Law in Texas
I was given a citation by an official, but it was never filed with the courts. Can I ask that the judge dismiss the case since the citation was never filed with the courts after it was given to me. Do I have to show up for court if the citation was never filed with the courts. The case is a temporary orders case (Motion to modify visitation and name change). The petition that was given to me contains lies. It is also formatted in a way that would make you think that it was an order. Can I ask that the judge dismiss the case because the petition contains lies and the petition is not written or formatted correctly. If a case is called or dismissed how long does the movant have to wait before he or she can refile for that same case again.
1 Answer from Attorneys
You have to show up , even if the return of service was not filed.
Petitions are routinely filled with lies--that's why we go to court, to sort it all out.
You can file special excpetions to the form and substance of the petition and, if the court sustains them, the petitioner will be required to fix the petition. If the petitioner does not fix the petition as ordered, the court can dismiss the suit.
Because it's a family law case, the petitioner can refile the next day.
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