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A temporary order hearing in Texas often involves the family court judge establishing temporary injunctions that will create parameters for the parties' conduct during the divorce and will continue until the final divorce decree is entered.
To get an ex parte order, an applicant files a written affidavit that tells the detailed story of his or her abuse. The court reads the affidavit and decides if there is a clear and present danger of family violence.
The attorney usually will follow these general steps: Meet with the alleged victim in the case; Obtain an affidavit of non-prosecution; Obtain a verified request to lift the protective order; Draft a motion to remove or modify the current order; Contact the correct prosecutor (city or county prosecutor);
If you have been served with a TRO, Read the TRO carefully and obey it. ... Talk with a lawyer right away about your legal rights. ... Make plans to go to the hearing. ... If you need more time to hire a lawyer or more time to get ready for the hearing, you may be able to reschedule the hearing.
Before relief may be granted, there are three primary elements that must be pled and shown by evidence (i.e., verified allegations for a TRO and testimony in a temporary injunction hearing): (1) the applicant is seeking permanent relief, either by way of a suit for damages or a permanent business injunction; (2) there ...