Temporary Restraining Order and Order to Appear in Court for Temporary Orders. Do I need to be present?

Asked 6 months ago - Fort Worth, TX

I received the paperwork by surprise on 1/10/14. Hearing is set for 1/23/14. I get along really well with my wife and she states that the restraining order is "standard" procedure. I'm not contesting or disagree with her requests during the temporary orders. She's not seeking monetary compensation of any kind. We've been living separately for 4 months already anyway. Do I need to be present or hire a lawyer to represent me for this hearing for temporary orders?

Attorney answers (4)

  1. Theresa Yoko Vaden Copeland

    Contributor Level 3

    3

    Lawyers agree

    Answered . At the temporary orders hearing such things as possession of the home, payment of debts, child support, spousal support, injunctions and possession and access will be determined. If you do not show up you will be defaulted and your wife will get whatever she asks for without your side being presented. In addition, if you do not file an answer you will be defaulted for final orders. I suggest you hire an attorney.

  2. Aimee Elaine Manriquez

    Pro

    Contributor Level 9

    3

    Lawyers agree

    Answered . It is certainly recommended that you hire an attorney and that you attend the hearing. While the temporary orders are just that, temporary, they can often have an impact in the terms of the final decree. You need to make sure your rights are protected during this process.

  3. Brian Douglas Walters

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . You need to be present, preferably with an attorney. Your wife is probably lying to you. Whenever you are ordered to do something by a Judge, you MUST do it.

    This information is not legal advice and does not form an attorney-client relationship.
  4. Raymond Ellis Daniel

    Contributor Level 15

    2

    Lawyers agree

    Answered . Yes, you need to be present. There are a number of issues to be decided at a temporary orders hearing. If you don't appear you will be in default, and the judge will award your wife anything that she requests that is reasonable. If you're not contesting anything I don't know why you were sent am agreed order instead of being served with a TRO.

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