W. Tyler Moore, PC

Divorce and restraining orders

Divorce and restraining orders in Texas:  If served with a restraining order in a divorce suit, you should read it carefully.  Generally speaking, the language will say the Respondent is immediately restrained from ... a specific list of things.  The list will usually be numbered.  Read each item on the list.  The list is your list of commandments.  If you don't understand the order, take it to an experienced family law attorney to decipher it for you.  You will need the lawyer to go to court with you when the applicant has a hearing to expand the restraining order into a temporary injunction during the pendency of the litigation.

As an example, people may think a person under a restraining order cannot possess a firearm.  Read the list.  To prohibit possession of a firearm, the order must be a protective order under either the family violence section of the Family Code or under the Code of Criminal Procedure.  These are substantially different from an ordinary restraining order in the usual divorce.  Misconceptions ofter abound where restraining orders are concerned.  If served with a restraining  order find experienced family law attorney. Trying to represent yourself is akin to walking blindfolded through a minefield.  You could end up finding out you really didn't save yourself money in the long run.

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