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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.
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Answered in 10 minutes by:
8/15/2017
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 11,929
Experience: Experienced Family Law Attorney
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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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.

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Customer reply replied 6 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).

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Customer reply replied 6 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.

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