Legal Question in Family Law in Texas
Protective Order/ SAPCR without divorce.
A friend's wife moved out while he was away on business and took their 1 yr. old child. Prior to her leaving, he had set up meetings with a marriage counselor and both attended the first meeting. He thought they would work through their problems. The marriage counselor thought they would work things out too, as the meeting was positive.
The wife has filed a Protective Order against him asserting emotional, verbal and physical abuse and a SAPCR to prevent him from seeing his child, or seeing his child without supervision. They are still legally married and no divorce has been filed. Can she do this? The allegations she made are false. Is there any recourse?
He is concerned she is going through post-partum depression, as he an many others have seen a change in her since the last trimester of the pregnancy.
What can he do to defend himself against the PO and the SAPCR? He can prove the allegations made in the PO false.
Can he file a SAPCR to get her to go to a Psychiatrist for evaluation on her depression at the time he files for divorce? He is truly concerned about her mental stability.
Thank you in advance for any advise you can give.
1 Answer from Attorneys
Re: Protective Order/ SAPCR without divorce.
She has been very busy. My guess is that she has been planning this for quite some time. I am not able to understand why her husband has not hired a lawyer to file appropriate responses to these actions. Without a lawyer, the consequences could be severe.
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