Does a writ of habeas corpus override a protective order in child custody?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 11 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.