I'm in Dallas County, Dallas TX and I voluntarily went to a local emergency room because I thought I needed psychological help. can my ex husband have a temporary restraining order issued for me so that I can't see my children? I stupidly and without thinking, told him that I was going to the ER for that help. additionally, what documents and or meeting or test results could he possibly acquire from that hospital for wish he could potentially use against me? I was not admitted and have not Ben found to have any type of mental illness, defect or disease. please help, I'm freaking out.
Answer
He might be able to get an Ex Parte TRO, but, even if he does, you will have a hearing on that within 14 days. At that hearing he will have to prove that you represent a serious risk of harm to your children. He can't have any court-admissible documentation from the hospital in time for the 14-day hearing. HOWEVER, you will need an attorney to help you keep evidence out.
What you need to focus on is why you thought you needed psych help on an emergency basis. That's not a very common thing to encounter and you'll need to be able to explain to the judge why that was a reasonable response to what you were facing and that it did NOT have and will NOT have any impact on your children's health or emotional well-being.
I'm very familiar with the courts in Dallas County and can assure you that they will give you a fair hearing, but will keep a close eye out for the safety of your children.
Good luck!!
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