Dallas, TX asked in Divorce, Family Law, Civil Litigation and Domestic Violence for Texas

Q: I'm the Respondent in the Original Petition filing a Motion into the case. Am I the Petitioner in the Motion?

When the Respondent in an Original Petition for Divorce files a Motion for TRO, TI and TO into the case,

is the Respondent now the considered the Petitioner in the Motion?

Is the general rule that the person who brings the Motion for anything considered the Petitioner?

My understanding of what a motion is...

The Petitioner is the person saying "Hey judge, I need to talk to you about something."

Can I come over and talk with you about this problem? (The Motion)

What day can I come see you? (The hearing date)

If you think my concern is justified, can make him come over later so we can get this sorted out? (Order to Appear)

And what day works good for you? (Another Hearing)

I *KNOW* I need an attorney. It is simply *NOT* possible until I can get my husband to pay for it in the Temporary Orders *IF* I can draft this properly and get a hearing with the judge.

Thank you

2 Lawyer Answers

A: Is the motion for TRO being filed within the same action? If so you want to maintain the same party designation. Your understanding otherwise seems to be decent. Good luck. Be sure to review the elements you must prove for a court to issue a TRO and the standard of evidence for your burden.

1 user found this answer helpful

John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: The party who files a motion is commonly called the Movant.

The party responding to the motion is commonly called the Respondent; but, if the motion is a motion for summary judgment, the party against whom the motion is filed is called the non-movant (a summary judgment cannot be granted by default, so technically, the non-movant isn’t required to file a response).

The party who files a lawsuit is commonly called the Plaintiff.

The party who answers the lawsuit is commonly called the Defendant.

The party who files a petition is commonly called the Petitioner.

The party who files a response to a petition is commonly called the Respondent.

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