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  1. #1
    smcgarry is offline Member
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    Feb 2004
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    Enforcing a Temporary Order

    What is the name of your state? TX

    This may sound really dumb to all you professionals here, but I don't know where else to turn and can't get any answers from my attorney.

    If you have a TRO against someone and you go to court for a hearing and the Judge signs a temporary order and writes in the order that party the TRO is against has to meet certain stipulations and that party does not,
    1. Who is it up to to enforce the Temporary order?
    2. Is the party found in contempt since it is only a temporary order?
    3. What happens to if they are found in contempt?
    4. Is A temporary order signed by a Judge as stringent as a final order?

    Thank's for anyone who can assist in this matter, I know NOTHING about legal matters and am trying to learn...it's VERY confusing!
  2. #2
    I AM ALWAYS LIABLE is offline Senior Member
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    Re: Enforcing a Temporary Order

    Originally posted by smcgarry
    What is the name of your state? TX

    This may sound really dumb to all you professionals here, but I don't know where else to turn and can't get any answers from my attorney.

    If you have a TRO against someone and you go to court for a hearing and the Judge signs a temporary order and writes in the order that party the TRO is against has to meet certain stipulations and that party does not,
    1. Who is it up to to enforce the Temporary order?
    2. Is the party found in contempt since it is only a temporary order?
    3. What happens to if they are found in contempt?
    4. Is A temporary order signed by a Judge as stringent as a final order?

    Thank's for anyone who can assist in this matter, I know NOTHING about legal matters and am trying to learn...it's VERY confusing!

    My response:

    First, what I need to know from you is, did the "other party" receive a properly served copy of the TRO? If yes, how was it served? If not, why not?

    IAAL
  3. #3
    tigger22472 is offline Senior Member
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    Monticello, In
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    Re: Enforcing a Temporary Order

    Originally posted by smcgarry
    What is the name of your state? TX

    1. Who is it up to to enforce the Temporary order?

    ***It is up to the person that filed the TRO to contact the authorities if contact is made by the person the TRO is against.


    2. Is the party found in contempt since it is only a temporary order?

    ***Temporary orders are ORDERS just the same. What it means is that the RO is in effect until a judge is seen and it is determined to continue it or drop it. So YES they can be in contempt.


    3. What happens to if they are found in contempt?

    ***Generally first time out a warrent is put out for their arrest and the judge REMINDS them the concequences of violating the order. For example in the one I had against my ex husband the concequences were 4 years in jail and 4,000$ fine.


    4. Is A temporary order signed by a Judge as stringent as a final order?

    ***see #2

    Thank's for anyone who can assist in this matter, I know NOTHING about legal matters and am trying to learn...it's VERY confusing!
  4. #4
    smcgarry is offline Member
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    Yes, they recvd a copy of the TRO served by a Court Official.
  5. #5
    smcgarry is offline Member
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    Also, if I report the contempt of the TRO, do I report it to my lawyer or to the Court?
    I know that sounds like a dumb question, but my attny has not enforced anything and I have documented everything as it has happened and given him copies of the documentation.
  6. #6
    tigger22472 is offline Senior Member
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    Monticello, In
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    You report it to the police so a report can be filed. Here's what I did but I can't honestly remember exactly HOW I did it..LOL It's been a while. After contact (mind you this was like the 10th time.. only this time I had tangible proof) I contacted the police immediately and made a report. Later that day I went to the court house that issued the TRO and reported it. I was brought in front of the judge immediately and showed my proof and asked what I wanted done. I was told I could do nothing, I could give him a warning..(I believe those were my choices). I chose to have him hauled in and warned. My ex got wind of it and knew there was a warrent... he left work, called the police and turned himself in. He had to stay overnight(however this may have been because he waited until night to turn himself in) and saw the judge in the morning when he was told that he was to either comply with the TRO or he could face 4 years in jail or a 4000$ fine. Trust me.. he didn't contact again until I dropped it.

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