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temporary protective order

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February 05, 2008, 14:11
kelly weeks
temporary protective order
in a temporary protective order can the court reward temporary child custody and temporary child support? The code seems to be silent. Also, can a person go to the DA's office and file for a temporary protective order if they have already filed for a divorce?
February 05, 2008, 16:44
GG
Do you mean an ex parte protective order? Yes, the judge can award, but most are extremely hesitant to do so, just as with a final protective order. As I have heard many judges advise, a protective order is not a substitute for divorce, it is an order of protection.

Nonetheless, some judges I have practiced before, when the circs were appropriate, did award support in the final order. More commonly, when the physical acts of the respondent were or could be threatening to the safety of the children, the judges will establish supervised visitation to ensure the safety of the children. The hardest part doing that was finding a third party willing to transport the children to and from the supervised visitation location.

Call Bastrop Co. if you have more questions. I'm not a protective order expert, but we have one on staff. He's across the hall from Phil. Big Grin