Had a Motion for Enforcement on a Protective Order for non-compliance with paying court costs. Defendant was required to post a cash bond, with the understanding that it covers court costs, att fees, etc...
I need a quick reference, does anyone know the code that allows the Judge to release the cash bond to the Dist Clerk for paying of court costs, att fees, etc..., then refunding to defendant?
Since a protective order proceeding is civil, and sections 81.003 and 81.004 of the Family Code provide for assessment of costs but don't directly address an order to make a deposit for costs, I would think your situation would be governed by Tex. R. Civ. P. 146 and 149.
The cite you are looking for is that unique cash bond provision in Family Code 157.106- 157.110.
Nothing like it anywhere else in the law that I have ever seen.
As is so often the case, I stand humbled by those smarter than me. With that in mind, my limited reading skills may vitiate what I'm about to ask. Don't sections 157.106-.110 deal with child support and access orders? If the protective order in question included provisions governing possession and support, then those sections would be plainly applicable. But I'm not sure they would apply to a simple failure to pay court costs in a "garden variety" protective order.
Thank you so much. I haven't really dealt with P.O. issues yet, so your answers are perfect.
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