Tarrant Texas Affidavit in Support of Motion for Preliminary Injunction

State:
Multi-State
County:
Tarrant
Control #:
US-01893BG
Format:
Word; 
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Description

An affidavit is statement of facts which is sworn to before an officer who has authority to administer an oath (e.g. a notary public). The person making the signed statement (the affiant) takes an oath that the contents are, to the best of their knowledge, true. It is also signed by a notary or some other judicial officer that can administer oaths, affirming that the person signing the affidavit was under oath when doing so. These documents are valuable to presenting evidence in court when a witness is unavailable to testify in person.


There are two types of injunctions: a preliminary injunction and a temporary restraining order (TRO). The purpose of both is to maintain the status quo -- to insure a plaintiff that the defendant will not either make him or herself judgment-proof, or insolvent in some way, or to stop him or her from acting in a harmful way until further judicial proceedings are available. The court uses its discretionary power to balance the defendant's due process rights against the possibility of the defendant becoming judgment-proof, and the immediacy of the threat of harm to the plaintiff. Courts can also issue preliminary injunctions to take effect immediately and effective until a decision is made on a permanent injunction, which can stay in effect indefinitely or until certain conditions are met.

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FAQ

Using the facts of the incident only, keep your statement brief and to the point. Briefly describe the most recent incident of abuse and/or threats of abuse or other behaviors. Focus on the actual behavior. Do not include prior incidents, (that will be the next paragraph).

To obtain a TRO, a party must convince the judge that he or she will suffer immediate irreparable injury unless the order is issued. If the judge is convinced that a temporary restraining order is necessary, he or she may issue the order immediately, without informing the other parties and without holding a hearing.

Applying for a Protective Order is free. An applicant for a Protective Order may not be charged a fee by the county or district attorney's office or by a sheriff or constable in connection with the filing, serving, modifying, or withdrawing a Protective Order.

If you have been a victim of violence, stalking or sexual abuse, you can apply for a court order to keep your abuser away from you. This order is called a Protective Order (?PO?). There are different kinds of PO's for victims of domestic abuse, dating violence, sexual assault, stalking and human trafficking.

The regular courts in ordinary cases have the power to issue a 72-hour temporary restraining order (TRO) and a preliminary injunction to preserve the status quo. After hearing, the regular courts can issue a permanent injunction.

You can ask the judge for a TRO by filing a Motion for Temporary Restraining Order, Temporary Injunction and Temporary Orders. You must also file an affidavit or statement made under penalty of perjury that explains why the TRO is necessary and why you can't wait for the temporary orders hearing.

) you have to file a request in court before date that the Restraining Order expires. You can do this if you are the person protected by the order or the person restrained by the order.

How to Obtain a TRO. If the defendant is not related to you by blood and you have never lived together, please file through District Court. If the defendant is a family member, or has or had a dating relationship with the person seeking the TRO, please file through Family Court.

If you want to drop your restraining order, you need to go back to the court that issued your order and fill out a request (motion) to dismiss the order. You may have to talk to the judge and tell him/her why you want to drop the restraining order.

The person applying to remove or vary the order must notify the court and prosecutor of the evidence that they seek to rely on. An application to revoke or vary a restraining order may be decided without a hearing.

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2015, for his assistance in the preparation of this Article. O. Motion for Appointment of Guardian Ad Litem and Order .Appellants filed a motion to dismiss under Texas Citizen's Participation Act, which the trial court denied. In the event Rule 65(a)(2) consolidation has not been ordered, the record upon the hearing of the motion for preliminary injunction, according to Rule.

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Tarrant Texas Affidavit in Support of Motion for Preliminary Injunction