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Family Court

facebook-cover-4.27.15 280th Protective Order Court
The 280th Protective order court is a Harris County, Texas family law court for which the only type of hearing are Chapter 85 of the Texas family court.  On the bench at this writing is Judge Lynn Bradshaw-Hull.  Judge Tony Lindsay was the 1st Judge to sit in the 280th after it was designated a domestic violence court.  This is the only court in Texas which hears strictly protective orders.  A private attorney may prosecute this type of lawsuit, but if no divorce is pending, you can get the Harris County District Attorney’s office to file suit for you.  Beth Baron is the lead attorney for the domestic violence unit.  I have tried cases with her and also I had defended and prosecuted protective orders under both judges.  Let me tell you, under Judge Lindsay, it was much easier to have a protective order issued then Judge Hull.  Both are women but Judge Hull is unlikely to issue the order unless proven violence which usually means some form of bruising or broken skin.  A gun to the face or other vital areas may get you there along with stalking, but yelling and threats is a tough sell in her court.  This is always good when you represent the respondent.  On the Applicant side, you may consider temporary restraining order in one the family courts instead of the protective order and a request for some injunctions out of the family court.  I have tried 10 cases in this court since its designation as a family court and filed one mandamus in the appellate courts.  Judge Hull is a hard ass, but soft spoken judge.  Keep your mouth shut unless she or a lawyer asks a question.  Tell the truth and do not get excited.  You will come out on the winning side if you have good facts and hard direct evidence.  The Courts website can be found at http://www.justex.net/courts/family/FAMILYCourt.aspx?crt=21.  If you cannot afford an attorney try http://www.houstontx.gov/police/fvu/services.htm which is the link to the Harris County District Attorney office.  The docket call in the 280th Protective Court is typically on time.  Judge allows late calls, but is short when you have a trial conflict.  (maybe you should not have taken the case).  I am of the opinion that ever family law judge holds a protective order against you.  Never agree to a protective order that states you are not admitting to family violence but are agreeing to the protective order being issued.  Just try the case and have judge order if you think you are not guilty of harming your significant other.

Any file application for a protective order, at the 280th District Court will be made at the address 201 Caroline, 15th Floor. The case will be named respecting the following: “Name of the Applicant vs. Name of the Respondent”. Do not use, in any circumstances the phrase “In the Matter of the Marriage of”. An address form must be completed. The rules and policies usually applied in a family law and divorce courts are not applicable in the court. The motions for continuance are granted if they are filled 48 hours in advance.

All the applications for the Protective Order of this court will have separate numbers. Even if this application is filled together with a divorce or suit, it will still be taken separately and will not be treated in the same document. An application may include only one respondent. The applicant must file a Civil Process Request Form.

If the applicant needs a kick-out order, an in-person testimony is required, to make the respondent leave the residence. For that, the applicant must contact the clerk for an available date to appear in front of the Court.

About the Author

Michael Busby Jr. is a divorce and family law attorney who practices in Harris County Texas and the counties that surround Harris County. He has been in practice for over 14 years and has tried over 300 cases.  He is familiar with the policy and procedures of the Houston Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.  Please call with your family law or divorce questions for 280th Protective Order Court in Houston Texas.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

280th Protective Order Court also would be applicable to the following communities within the greater Houston, Texas Area:

Baytown, Bellaire, Bunker Hill, Deer Park, Friendswood, Galena Park, Humble, Jacinto City, Katy, La Porte, Pasadena, Tomball, West University, Cypress, Crosby, Woodlands, Denver Harbor, Spring & The Woodlands, Spring, Stafford, Sugarland, Galveston, Missouri City, Richmond, & Alief

 

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facebook-cover-4.27.15 Divorce Agreement
When you have a divorce agreement or uncontested divorce in Houston, this means that there is no dispute over who gets what.  This can save both time and money for the husband and wife.  You start by filing an original “Petition for Divorce”.  This would be filed in the courthouse of the county in which you reside in Houston, Texas we file at 201 Caroline in the new civil courts buildings.  The petition with no children looks like form below:

NO. _____________________

IN   THE MATTER OF

§

IN   THE DISTRICT COURT
THE   MARRIAGE OF

§

§

§

_______TH   JUDICIAL DISTRICT

§

§

HARRIS   COUNTY, TEXAS

    ORIGINAL PETITION FOR DIVORCE

1.         Discovery Level

Discovery in this case is intended to be conducted under level 2 of rule 190 of the Texas Rules of Civil Procedure.

2.         Parties

This suit is brought by , Petitioner. .

is Respondent.

3.         Domicile

Petitioner has been a domiciliary of Texas for the preceding six-month period and a resident of this county for the preceding ninety-day period.

4.         Service

No service on Respondent is necessary at this time.

5.         Protective Order Statement

No protective order under title 4 of the Texas Family Code is in effect, and no application for a protective order is pending with regard to the parties to this suit.

6.         Dates of Marriage and Separation

The parties were married on or about January and ceased to live together as husband and wife on or about January .

7.         Grounds for Divorce

The marriage has become insupportable because of discord or conflict of personalities between Petitioner and Respondent that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation.

8.         Children of the Marriage

There is no child under eighteen years of age or otherwise entitled to support who was born or adopted of this marriage, and none is expected.

9.         Division of Community Property

Petitioner believes Petitioner and Respondent will enter into an agreement for the division of their estate.  If such an agreement is made, Petitioner requests the Court to approve the agreement and divide their estate in a manner consistent with the agreement.  If such an agreement is not made, Petitioner requests the Court to divide their estate in a manner that the Court deems just and right, as provided by law.

10.       Separate Property

Petitioner owns certain separate property that is not part of the community estate of the parties, and Petitioner requests the Court to confirm that separate property as Petitioner’s separate property and estate.

11.       Prayer

Petitioner prays that citation and notice issue as required by law and that the Court grant a divorce and all other relief requested in this petition.

Petitioner prays for general relief.

Respectfully submitted,

Once you file the case, you then then to prepare the final decree of divorce and waiver to prove up your “divorce agreement.”

Divorce Agreement Houston Texas also would be applicable to the following communities within the greater Houston, Texas Area:

Baytown, Bellaire, Bunker Hill, Deer Park, Friendswood, Galena Park, Humble, Jacinto City, Katy, La Porte, Pasadena, Tomball, West University, Cypress, Crosby, Woodlands, Denver Harbor, Spring & The Woodlands, Spring, Stafford, Sugarland, Galveston, Missouri City, Richmond, & Alief

Texas has sixty day waiting period for which you must wait to prove up your divorce agreement.  After this 60 days, the court requires that the petitioner appear once in court to answer several questions about the dissolution of the marriage.  Once you make the court appearance, Judge typically signs that same day, then your case become indexed in the county records and is considered final 30 days after judge signs the order.  This is due to the ability of a party to file a motion for new trial within the day window.

About the Author

Michael Busby Jr. is a divorce and family law attorney who practices in Harris County Texas and the counties that surround Harris County. He has been in practice for over 10 years and has tried over 100 cases.  He is familiar with the policy and procedures of the Houston Texas Divorce Courts.   Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks.  Please call with your family law or divorce questions for contested divorce Houston Texas.

Michael Busby Jr.

2909 Hillcroft Suite 350

Houston, Texas 77057

(713) 974-1151

Visit me on the web at www.busby-lee.com

 

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