Cleburne, TX asked in Divorce for Texas

Q: I had my husband served divorce papers and a Temporary Restraining order and he won't leave. What can I do ?

I called the police department and they said they can't enforce the TRO.

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2 Lawyer Answers
Kelly Case
Kelly Case
PREMIUM
Answered
  • Frisco, TX
  • Licensed in Texas

A: Call the Sheriff's Department and ask to speak to a supervisor. The Sheriff is tasked with enforcing Court Orders. If they still won't do anything, call the Court and ask to speak with the Judge's assistant or Clerk. Tell them what is happening and ask if they wouldn't mind making an enforcement call to the Sheriff. Be persistent.

Carl J Selesky
Carl J Selesky
Answered
  • Houston, TX
  • Licensed in Texas

A: Typically restraining orders in this context are mutual and don't involve 'kick out' provisions unless specially pled for and granted. If you have a lawyer he or she should explain this to you up front. The good news is you accomplished service and you now have a pathway to proceed forward. Word or caution: he'll likely hire a lawyer. Most people confronted with legal documents of this nature do so. If you did the work so far, on your own I say congratulations but you'll also likely be dealing with an adversary with a law license going forward. Obviously I don't know you you should prepare for the worst.

1 user found this answer helpful

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