Does a Temporary Restraining Order Need to be Signed by the Judge?
Full Question:
If a temporary order was written and not signed by judge in a divorce case. Is the document valid, and should the document has a start and stop date on the document. Their were two temporary documents written the first was signed by the judge. The second temporary order was not signed by judge. However the attorney had us wait in a different area while she said she would have the judge sign and approve it. She also told me a temporary drafted a notice of hearing to which states a restraining order was in place but the records show no restraining order in place. Also she informed me that she would file a motion to address temporary order and only filed a motion for withdrawal of counsel. I was never notified by certified mail or received any notification of this motion. I would like to move back to my home. Can I do that if the judge did not sign the second order for temporary orders for me to stay in the location I'm currently in. What are my choices?
07/09/2011 |
Category: Judgments |
State: Texas |
#25159
Answer:
While an order is generally required to be signed by the judge, in some jurisdictions, the order wil lbe upheld despite local practice not to sign the order. You may assume the order is in effect, assume it is not, relocate, and possibly face contempt charges, or you can seek clarification of the order's status from the court. The latter is the recommended course of action. A starting point would be to contact the court's clerk and inquire about whether the tempoary order is recorded in the docket, and if so, how to obtain a copy. Some courts have records available online.
For further discussion, please see:
http://www.perkel.com/pbl/married/signed/index.htm
