Can geographical restrictions & protective orders be reinstated?

Question: Can a geographical restriction be reinstated if it had been lifted before the final hearing?

Also, can a protective order be reinstated as well?

 

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In general, geographical restrictions (e.g., for changing a child’s domicile) and protective orders can be reinstated in a court’s discretion and if warranted by the facts existing at the time of reinstatement. Some of them are also required by statute, such as restrictions on moving a child under age 18 to a new state.

Therefore, the answer to your question depends on the facts unique to your case — for example, the reason for the protective order, whether the restriction thwarts your parenting time rights, whether the requests for both are disingenuous, etc. If you are concerned about either, you must cite specific, articulable and legally sufficient facts to support your argument that the court should not issue them.

What  is a legally sufficient fact depends on the statutes and case law applicable in your jurisdiction. Protective orders implicate constitutional concerns (your freedoms of association, speech, and so forth), and you should receive notice and an opportunity to respond to any request for a protective order or ex parte temporary protective order promptly. You should respond in writing immediately according to the rules of your court to avoid waiving your right to challenge the order.

Keep in mind that I am a Michigan attorney and cannot give you detailed advice about the laws in Texas. I can only give you general information in this answer. You should not rely on this answer as establishing an attorney-client relationship, and you should contact an attorney in your area immediately if you need additional information or legal representation, as most parties in divorces do. Cordell & Cordell has offices in Dallas and Fort Worth, Texas.

 

Jennifer M. Paine is an Associate Attorney in the Detroit, Michigan office of Cordell & Cordell P.C. She is licensed to practice in Michigan, and has been admitted pro hac vice in Illinois, Ohio, and the United States Court of Federal Claims. Ms. Paine received her BA in English and Mathematics from Albion College and graduated Summa Cum Laude. She received her Juris Doctorate from MSU College of Law and graduated Summa Cum Laude.

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