Legal Question in Family Law in Texas
I have been served with papers to apper for a protective order that was issued against me. In this order she is asking for me to pay her legal fees and court costs. What does the law say and how do I avoid this? I do believe this is a bogus claim and that it will be open and shut case with no findings what so ever against me. I have been cleared by the police and CPS already, just need the order to be removed. Why would I have to pay her court cost and legal fees and what can I do, to not have to pay them?
1 Answer from Attorneys
In the law, we have a motto: "Don't ask, don't get." Some judges believe it's an ethical violation to give a party something they didn't ask for. THEREFORE, when lawyers draw up pleadings, we always ask for everything and the kitchen sink--and that includes legal fees and court costs.
The reality is that in family law matters, it is exceedingly rare for a judge to award legal fees and court costs in situations like yours, assuming all your facts are correct.
Don't worry about that part of the pleadings. Just get rid of the TRO!!
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