Q: After the 20 day waiting period of an Ex Parte Order, can I go get my kids?
Ex wife filed an Ex Parte Order against my husband. It was signed July 24th. It is now 21 days since it was signed. The order states that it is only in place for 20 days or unless the judge terminates it. Judge has yet to make any moves on our case. Since the 20 days is up, can I legally go get my kids?
A:
Based on the Texas Family Code:
Duration of an Ex Parte Order: In Texas, an ex parte protective order lasts for a maximum of 20 days unless a hearing is scheduled within that period. If a hearing is scheduled, the order can be extended to the hearing date.
Terms of the Order: Always carefully read the order itself. It will specify the terms, restrictions, and duration. Even if the order has theoretically expired, the exact wording in the order and any associated documents are crucial.
Extension or New Orders: It's also possible that there has been an extension of the order or a new order put in place of which you might not be aware. Before taking any actions, you should verify the status of the order with the court.
Consult with a Lawyer: Before taking any action, especially when it involves a legal matter as sensitive as this, it's essential to consult with an attorney. They will be able to provide guidance based on the specifics of your case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
