Protective Order Child Custody Dispute

In a child welfare case involving a request for a protective order, my client was a mother whose children were terrified of their father after he got drunk at a wedding, got in a fight with several men (including the security officer present), and then got arrested and charged with assault family violence.

After this event, my client also learned that the father was on felony probation for assaulting his then-fiancé.

I filed an Application for Protective Order with a special pleading for an Ex Parte Protective Order and also drafted a detailed affidavit which showed that the children would be in clear and present danger if they were in the father’s custody, which the current custody order allowed.

I also prepared a motion for transfer because their divorce case was still in the Tarrant County District Court even though my client and the children had moved to Abilene years previous.

We had to have a trial on the protective order because the father wanted a fight – he had hired an experienced litigator to represent him and would not agree to any measure of protective for the kids.

The trial was difficult – the children’s grandmother, who witnessed the drunken altercation at the wedding would not allow her child (the father) to bear any fault for the matter.

Additionally, the judge was quite concerned with hearing all 5 witnesses in about 45 minutes.

But to his credit, he allowed hearsay testimony of the children’s description of the event due to the exception in Tex. Fam. Code § 104.006.

The judge held it against the father that on the witness stand he “plead the fifth” (definition: refused to answer questions in court because the answers might be harmful to one or might show that one has committed a crime) when put under oath.

The protective order was granted. The motion for transfer was granted. My client was able to gain some much-needed control over the children’s visitation situation.

About The Attorney

Matt Zimmerman Family Law Attorney

Matt’s passion for the law has led him to develop a broad-based practice that touches on almost every area of law that affects individuals in their everyday lives and small business representation. He also speaks Spanish.


Attorney Matt Zimmerman works tirelessly to achieve the greatest possible results for each of our clients and their families. This is a selection of one of his many successful results, settlements, and verdicts. Every case and client is unique and depends upon the individual facts and circumstances of each case. Clients may or may not obtain the same or similar results in each case.