Monday, November 26, 2012

Wichita Falls Child Custody Issues: What is a Temporary Restraining Order

Many parents in Wichita Falls and the surrounding cities deal with the issue of a temporary restraining order–either you are served with one OR you know that the other parent is involved in something that places your child in danger, but you are not sure what the correct legal process is to protect your child.

Your Wichita Falls family attorney at the Law Office of Bruce Harris advises you that if you believe that the other parent is engaging or has engaged recently in acts that would endanger the child, then you would need to seek a temporary restraining order.

This is an ex parte order which your Wichita Falls family law attorney files on your behalf and attaches an affidavit stating, in your own words, such things as the other parent is consuming controlled substances, has a criminal history, etc.   In doing so, your attorney will request from the judge that the other parent not be allowed to possess or see the child for the time being.  If your affidavit is sufficient (it is a case-by-case determination in which the judge decides if the child will suffer immediate and irreparable harm), then the judge will grant the request and issue a temporary restraining order.  Within that document, the judge will set a hearing within fourteen (14) days to hear from both sides.  At the hearing, the judge will determine whether the temporary restraining order should continue or whether the parent should have some sort of lesser visitation than standard such as supervised.

Temporary restraining orders should not be taken lightly, no matter which side you are currently on.  If you are facing this particular issue, contact your Wichita Falls family attorney at the Law Office of Bruce Harris today.

1 comment:

  1. This i a great article. Very informative. You may also consider Wichita Family Lawyer for legal services on clients seeking attorney assistance with uncontested family law matters.