It is not uncommon in a family court for one party to file for temporary restraining order. This is used when family violence has occurred. Under those circumstances, the court can enter a temporary restraining order without notice to the other spouse.
How Do I File A Motion In Family Court?
All motions in family Court need to be based on a pleading. Therefore, your petition or answer must contain language which is consistent with what you are requesting in a temporary order. Then, either within the petition or the respondent’s answer, a party can request temporary orders. Additionally, a party can draft a separate motion for temporary orders at any time after a petition is filed and the respondent has been served and answered.
When Can I Bring A Motion During My Court Case?
The timing of filing motions with the court are governed by the Texas Rules of Civil Procedure, Rules of Evidence, and the Texas Family Code.
How Can My Attorney Assist Me In Filing A Motion In My Family Law Case?
Once you have had your meeting with your attorney, he or she will assist in guiding you in which motions need to be filed and which issues need to be addressed in the motions.
For more information on Types of Motions In A Family Court Case, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling [number type=”1″] today.