Does a writ of habeas corpus override a protective order in child custody?

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Does a writ of habeas corpus override a protective order in child custody?

I have a protective order against my ex wife for our 2 children. I was served with a writ of habeas corpus to return them to her at court. I believe that the county she resides is not aware of the protective order.

Asked on August 29, 2012 under Family Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I would serve the court clerk with a certified copy of the protective order that you have with respect to your "ex" concerning your children issued in another county. I would also consult with a family law attorney as well about your situation.

For you to be served with a writ of habeus corpus makes no sense in that type of writ is typically used when someone is incarcerated in jail but no formal criminal charges have been filed against him or her. Writs of habeus corpus are not used in custodial issues, rather they are for criminal matters.

 


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