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Ellen
Ellen, Lawyer, Consultant
Category: Legal
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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hello, my name is XXXXX XXXXX i live in texas, i have

Customer Question

hello, my name is XXXXX XXXXX i live in texas, i have been in a domestic violent relationship for 8 yrs, i am trying to get out. i hired an atty, he filed and got me a temp. ex parte protective order and order set for hearing. i have had to contact the police dept here because my soon to be ex spouse keeps violeteing the orders, the police say this is aboslutely worthless. can they not enforce this order
Submitted: 8 years ago.
Category: Legal
Expert:  Ellen replied 8 years ago.
Hello,

Did you obtain a Temporary Restraining Order? When?
Customer: replied 8 years ago.

ex parte protective order was issued and served upon him this past thrus and i picked up a copy from the court house friday

 

Expert:  Ellen replied 8 years ago.
How is he violating the order? Does he come to your home? Does he call you? Does he follow you? Please give me details of how he is violating the order.
Customer: replied 8 years ago.
yes he calls drives by has had tried pushing in the door, i gave police copy of his call log from his cell phone showing he is calling, and the officer said an ex parte protective means nothing
Expert:  Ellen replied 8 years ago.

Hello,


Thank you for your question. I am happy to assist you.


If the police officer witnessed the violation he is required to arrest your ex. If he refused to do so, you can consider filing a formal complaint against him.


Call the police the next time he is near your home. Tell them you have a TRO, that you believe he is going to break in and that you are in fear of your life. If the police officer witnesses your ex at or around your home, he is required to arrest him. If the officer does not arrest your ex, obtain his badge number.


On Tuesday when the courts reopen, you will want to file a contempt of court action against your ex for violating the court order. It is very simple to do.


When someone violates the court orders they are considered to be in contempt of court. To enforce your rights you will need to file a motion for contempt. In that motion you indicate what the orders are and how he has violated them.


In general you can get these forms at your local court clerk's office where the orders were filed. You will need to complete the form and return it to the Clerk of the Court's office.

I hope that the information which I provided was helpful to you.


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.


Thank you,
FLAandNYLAWYER


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THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

Ellen and 3 other Legal Specialists are ready to help you
Customer: replied 8 years ago.
yes very much so, i just really thought it would give the polce what they needed to get his rear. but i guess the courts want to play police to .
Expert:  Ellen replied 8 years ago.
Good luck. If I can assist you in the future, please ask for me by name: FLAandNYLawyer.
Expert:  Ellen replied 8 years ago.
Good luck. If I can assist you in the future, please ask for me by name: FLAandNYLawyer.

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