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Restraining Order..


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#1 unclegunny

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Posted 08 January 2013 - 10:32 AM

My wife toook out a restraining order on me in Nov. It's ays I have to pay her 200 for my son. Our divorce went through on Dec 28th, that states I have Primary custody of him. This is in Texas. I have not spoken to her in almost 2 weeks my son as well. In the divorce decree it states that since i have primary custody of my son,she has to pay me 300 dollars a month for him. I go to school and she is in the army. My question is since the divorce is final does the restraining order void out if i have primary custody of my son, because it says i can't take him out of state but nothing in there saying i have to stay away from him. If it does, does she have to start paying me even if my son does not live with me.

#2 pg1067

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Posted 08 January 2013 - 12:38 PM

My wife toook out a restraining order on me in Nov. It's ays I have to pay her 200 for my son.


Are you saying that in connection with the restraining order, the court also ordered you to pay child support? Was this to be a one time payment or was it $200 per week/month/whatever?


since the divorce is final does the restraining order void out


Well...what, if anything, does the divorce decree say about the restraining order? Did the same judge who issued the restraining order issue the divorce decree? If not, did you take any steps to notify the judge who handled your divorce about the existence of the restraining order? If it was the same judge, did you remind him/her at the time of your final hearing in the divorce about the restraining order issued the month before?

The divorce decree won't automatically void the restraining order, and it's possible that both are in effect. If that's the case, you may need to apply to the court to vacate the restraining order in light of the divorce decree.




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