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My case was DWOP and the temp orders were dismisses. Can I reinstate the temp orders and ask for a hearing?

Plano, TX |

My case was DWOP and the temp orders were dismisses. Can I reinstate the temp orders and ask for a hearing?

Attorney Answers 3


  1. The case was dismissed, but you can file a Motion to Reinstate the case within 30 day of the date of dismissal. The Court may or may not reinstate the case. If it does not, you will have to re-file a new suit and start over.

    If the Court does re-instate the case, the temporary orders are not automatically reinstated. You would have to file a new Motion for Temporary Orders, notice the other party or parties, and schedule a hearing on the Motion, just as you did the first time.

    The answers provided here are merely general in nature and may not apply to every situation. They do not represent and not not constitute specific legal advise or recommendations because the advise or recommendation could change based on sprecific factual situations and/or recognized exceptions to general legal principals. An attorney should be consulted regarding the specifics of a particular case before any action is taken or not taken.


  2. Since the court has dismissed the case, the first order of business is to get the court to reinstate it. Doing that definitely requires the expertise of a lawyer, so I agree with the other responding lawyers that you should promptly consult a local family law specialist for help with this.

    Good luck.


  3. Dismissed without prejudice means your case CAN be refiled. So yes, you can refile and request a temporary orders hearing. Good luck!

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