Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

In a SAPC where an application for a restraining order has…

In a SAPC where an...
In a SAPC where an application for a restraining order has been denied six months ago, can a new application be submitted where it can be shown that the person sought to be restrained continues in the same course of action.Action: Threatening and harassing communication.Restraint sought: To pick up children at a neutral place instead of the place of the residence doing the harassing.Background: The restraining order was denied six months ago before trial. Trial began on June of this year and will recommence in September. Between this time the harassing behavior continues.This is more of a political question than a civil procedure question. I don't want to upset the judge although I believe a restraining order is needed.
Show More
Show Less
Ask Your Own Family Law Question
Answered in 10 minutes by:
8/15/2017
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,313
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Family Law Question

Thank you;

Yes, a restraining order can be sought if the harassment continues; this is because restraining orders may consider certain contact to not be offensive if it occurs occasionally; but if it continues to be ongoing, then it may fall into the category of "harassment". So for example, if a person calls another a few times and says offensive statements, the court may simply instruct that person to cease contact, feeling that is sufficient. If the phone calls then increase in number (or disruptive hours, or more offensive comments, for example) then the court may wish to issue the restraining order.

As for a SAPC modification that is governed by code 156.101 in particular and 153.009. Basically the movant must prove to the court that the circumstances have changed from the circumstances as they existed when the order was initially entered (so there must be a change in circumstances from the date of the order, and today's date). The court requires a showing that circumstances have substantially and materially changed, and that the movant's proposal further's the child's best interest (to make up for the disruption a modification would cause).

Other grounds include:

a child 12 or older expressing a preference for one parent

a parent abandoning the child for 6 months

Common grounds are marriage, parental alienation, change in surroundings, mistreatment, parental unfitness.

Please see:

https://www.texasattorneygeneral.gov/files/cvs/protectivekit_dv.pdf

for instructions.

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

http://ww2.justanswer.com/terms-service-0#information

Thank you and take care.

Ask Your Own Family Law Question
Customer reply replied 10 months ago
The SAPCR also asks for the exchange to be changed from the custodial parents residence to a neutral place.Will the judge reason that sonce the restraining order seeks the same that trial will be the appropriate time to decide on that change?

Not necessarily; the restraining order is a different issue (having different requirements) than the SAPCR. So if the issuance of a restraining order is justified (since it does not require changed circumstances) then the court may issue it; they can of course revisit the issue if that is a topic in the upcoming trial (and the issuance of the SAPCR may have an impact on the subsequent ruling).

Ask Your Own Family Law Question
Customer reply replied 10 months ago
the judge will not necessarily get mad at me if I show good cause for revisiting the restraining order motion?

That is correct- so long as there is good cause; of course each judge is different and has a different tolerance level; but if the facts indicate a reasonable person would pursue a restraining order, that is generally the standard.

LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,313
Experience: Experienced Family Law Attorney
Verified
LegalGems and 87 other Family Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask LegalGems Your Own Question
LegalGems
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,313
13,313 Satisfied Customers
Experience: Experienced Family Law Attorney

LegalGems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
My friends ex girlfriend put a restraining order against him
my friends ex girlfriend put a restraining order against him but talks to his daughter mother and wants to be around his daughter, isnt this a conflict of interest? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,162 satisfied customers
I have a restraining order against my boyfriends ex wife.
I have a restraining order against my boyfriends ex wife.She is to stay away from me my son my home my car my job my sons school etc.She is not to harass stalk or try to contact me directly or indirec… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
59,246 satisfied customers
If my husband has a restraining order on him and his wife
If my husband has a restraining order on him and his wife speaks to the person after he asked to talk to me and I do and he gives me his number is ***** intimidating a witness … read more
Bill Attorney
Bill Attorney
law
2,429 satisfied customers
I need to file a restraining order for a person who doesnt
I need to file a restraining order for a person who doesnt live in the same city as I do. What court do I need to file the restraining order at? In the city where I live? or where she lives?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
Can I appeal a restraining order that was placed on me? The
Can I appeal a restraining order that was placed on me? The judge heard his side for over two hours and he had an attorney and when it was my turn to defend myself he would not let me speak refused to… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I have temporary restraining order against my ex-husband due
I have temporary restraining order against my ex-husband due to his drug use and violence. On June 4th, I have to go to court to attempt to have a permanent restraining order granted. My ex-husband is… read more
Sean K
Sean K
Attorney/Member
JD
761 satisfied customers
A friend of mine put a Restraining order on her husband.
Hi, a friend of mine put a Restraining order on her husband. They lived together in broward county. Then, they separated and she moved to miami dade county, got a job and a place. They decided he woul… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can a non-resident of Oregon file a restraining order in
Hello Pearl; Can a non-resident of Oregon file a restraining order in Oregon against a spouse in their legal state of Washington? There is no past abuse or imminent danger, but she obviously lied and … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My ex girlfriend threaten to put a restraining order on me
My ex girlfriend threaten to put a restraining order on me for no reason. Can it get dropped in court if she did try to put one on me … read more
Jessica B
Jessica B
Juris Doctor
1,261 satisfied customers
I have a temporary restraining order but have a hearing
I have a temporary restraining order but have a hearing coming up is the court going to have an issue or am l going to get in trouble for being in the same courtroom with my spouse?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
My friend's daughter previously had a restraining order
My friend's daughter previously had a restraining order against her sibling who attempted to kill her. She suffers from PTSD and recently remembered same sibling abused her. The sibling has moved out … read more
Sue
Sue
Juris Doctorate
523 satisfied customers
Can you obtain a restraining order against a person that was
Can you obtain a restraining order against a person that was having and affair with your spouse and and the person had been told to have no contact, but they keep coming around. … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,398 satisfied customers
What are the prerequisites to obtaining a restraining order
what are the prerequisites to obtaining a restraining order served to another person and one served to an ex spouse?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
If someone goes to court for a restraining order (phone
If someone goes to court for a restraining order (phone harassment), and does not have an attorney, what does the hearing look like? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,162 satisfied customers
I have the paperwork to file the restraining order and the
I have the paperwork to file the restraining order and the documentation to accompany it with the clerk's office. Filing that is not an issue for me and I understand that him and i will be expected to… read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,021 satisfied customers
My son was just served with a restraining order that claims
My son was just served with a restraining order that claims my granddaughter woke up with her pants and her underwear off and has no idea how that happened. She said he was materbating in bed with his… read more
Sean K
Sean K
Attorney/Member
JD
761 satisfied customers
How does on go about proving parental alienation and the
How does on go about proving parental alienation and the mental effects it has on a child? … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,530 satisfied customers
Can a judge impose a restraining order even if there is no
Can a judge impose a restraining order even if there is no legal basis for a restraining order? … read more
LegalGems
LegalGems
Lawyer
13,313 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x