Extraordinary Relief in Texas Divorce and Family Law
In this month?s divorce and custody information podcast, Board-Certified Attorney, Mark L. Scroggins, describes when and how it is appropriate to ask the court for emergency relief and protective orders in cases of family violence or where there is a threat of imminent harm to another person, property or asset. Learn why your attorney?s experience and judgment really matter in high stakes cases where extraordinary relief is requested in Texas divorce and family law.
Extraordinary Relief in Divorce and Custody Cases:?
- Ex Parte Orders
- Family violence
- No Notice to the other party
- Credibility is important
- Temporary Restraining Orders & Injunctions
- Imminent harm or threat thereof
- Preserving property and assets
- Extending TROs
- Protective Orders
- Grounds for Protective Orders
- The Protective Order Hearing
- Violations of Protective Orders
- When to seek extraordinary relief
- Talk to your attorney
- Keep notes and records
- Be aware and have a plan
Call Scroggins Law Group Group if you need help (214) 469-3100 or Contact Us online
Central themes in today?s podcast about extraordinary relief in Texas divorce and custody cases:
Emergency hearings requesting orders such as Kick-Out orders or protective orders are serious and take the form of small trials just like a temporary orders hearing or final trial. The evidence is prepared, witnesses are presented to testify, and an opposing attorney will likely be present to cross-examine.
Perjury is a compelling concern for attorneys and clients where the allegations presented in extraordinary relief hearings. A supporting affidavit of facts is taken seriously when the outcome of a hearing has a long-term and long-lasting effect on the participants, such as in a protective order trial. When witness? testimony contradicts itself and an affidavit, that witness? credibility may be impeached.
Standing Orders, used by most counties are binding on both parties in a divorce or family law case involving children and/or property so it is no longer necessary in most cases to get a special order to restrain or enjoin the other from an act. There is an exception where there may be imminent harm to community property, where one party seeks to invest marital money into a business venture that is not in the ordinary course of business.
It is also important to note that Standing Orders apply to email and text messages as well as social media accounts and you should talk to your attorney about the consequences of deleting emails, texts and social media pages, something that could certainly backfire on you as destruction of evidence in violation of a standing order could earn you a contempt of court charge.
Please listen to the podcast link player in this article as Board Certified divorce and family law attorney Mark L. Scroggins covers so many more issues and insights from his years of experience in bringing and defending actions for extraordinary relief in Texas divorce, family and children?s cases. Call Scroggins Law Group today if you need help. (214) 469-3100.