Legal Question in Family Law in Texas

Re: Contempt definition & statute

A TRO or temporary restraining order is an ex parte order often as not and that means it is issued without prior notice of the hearing, and the order is effective immediately and if it is disobeyed after you learn of it, the disobeyer be held in contempt. The decision to jail someone for contempt resides in the judge, considering all the circumstances and should be based on seeking to enforce compliance with court orders. In other words, if the miscreant's position is "I don't have to do what you say because I don't want to do that" he clearly holds the court order in contempt so the court may find him in contempt of court. It is not really arcane. It is English. If you think the TRO unjust, you may raise that issue before the court and request the court dissolve the TRO. There is generally a second hearing shortly after the granting of a TRO to determine whether the TRO will be made a temporary injunction pending final determination of the suit. That second hearing is an adversary hearing with notice to the parties.

You might wish to review the Texas Rules of Civil Procedure on this matter.

http://www.reasonable-doubt.com