On October 13, 2023 a
Order
was filed
involving a dispute between
Esquivel, Maria,
and
Hernandez, Modesto,
for All Other Family Law Cases (OCA)
in the District Court of Hidalgo County.
Preview
Electronically Filed
10/13/2023 3:39 PM
Hidalgo County District Clerks
Reviewed By: Vincente Facundo
F-3876-23-I
NO. ____________
IN THE INTEREST OF § IN THE DISTRICT COURT
§
ALEXIA ARIANNA HERNANDEZ § _______JUDICIAL DISTRICT
§
A CHILD § HIDLAGO COUNTY, TEXAS
TEMPORARY RESTRAINING ORDER AND
ORDER SETTING HEARING FOR TEMPORARY ORDERS
The application of Petitioner, MARIA ESQIVEL, for temporary restraining orders was
presented to the Court today. The child the subject of this suit is ALEXIA ARIANNA
HERNANDEZ. Respondent is MODESTO HERNANDEZ.
The Court examined the pleadings and affidavit of Petitioner and finds that Petitioner is
entitled to a temporary restraining order.
IT IS THEREFORE ORDERED that the clerk of this Court issue a temporary restraining
order restraining Respondent, and Respondent is immediately restrained, from:
Disturbing the peace of the child or of another party.
Attempting to take possession or having a third party take possession of ALEXIA
ARIANNA HERNANDEZ in any manner pending further order from this court.
Withdrawing the child from enrollment in the school or day-care facility where the child
is presently enrolled.
Hiding or secreting the child from Petitioner.
Making disparaging remarks regarding Petitioner or Petitioner's family in the presence or
within the hearing of the child.
Consuming alcohol within the 12 hours before or during each of Respondent's periods of
possession of or access to the child.
Electronically Filed
10/13/2023 3:39 PM
Hidalgo County District Clerks
Reviewed By: Vincente Facundo
F-3876-23-I
Canceling, altering, failing to renew or pay premiums on, or in any manner affecting the
level of coverage that existed at the time this suit was filed of, any health or dental insurance
policy insuring the child.
This restraining order is effective immediately and shall continue in force and effect until
further order of this Court or until it expires by operation of law. This order shall be binding on
Respondent; on Respondent's agents, servants, and employees; and on those persons in active
concert or participation with them who receive actual notice of this order by personal service or
otherwise. The requirement of a bond is waived.
IT IS FURTHER ORDERED that the clerk shall issue notice to Respondent, MODESTO
HERNANDEZ, to appear, and Respondent is ORDERED to appear in person, before this Court
October 30, 2023
in the courthouse at 100 N Closner Blvd, Edinburg, TX 78539, Texas, on ________________ at
8:00 A
__________ ___. M. The purpose of the hearing is to determine whether, while this case is
pending:
The preceding temporary restraining order should be made a temporary injunction
pending final hearing.
The additional temporary injunction prayed for should be granted.
Petitioner should be appointed temporary sole managing conservator of the child.
The Court should make all other and further orders that are pleaded for or that are
deemed necessary for the safety and welfare of the child.
10/16/2023 11:41:08 am
SIGNED on ____________________ at ___________ ___. M.
JUDGE PRESIDING
CC: Dallas Gutierrez
dallas@thegutierrezlawfirm.com
Document Filed Date
October 16, 2023
Case Filing Date
October 13, 2023
Category
All Other Family Law Cases (OCA)
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Preview
Electronically Filed 10/13/2023 3:39 PM Hidalgo County District Clerks Reviewed By: Vincente Facundo F-3876-23-I NO. ____________ IN THE INTEREST OF § IN THE DISTRICT COURT § ALEXIA ARIANNA HERNANDEZ § _______JUDICIAL DISTRICT § A CHILD § HIDLAGO COUNTY, TEXAS TEMPORARY RESTRAINING ORDER AND ORDER SETTING HEARING FOR TEMPORARY ORDERS The application of Petitioner, MARIA ESQIVEL, for temporary restraining orders was presented to the Court today. The child the subject of this suit is ALEXIA ARIANNA HERNANDEZ. Respondent is MODESTO HERNANDEZ. The Court examined the pleadings and affidavit of Petitioner and finds that Petitioner is entitled to a temporary restraining order. IT IS THEREFORE ORDERED that the clerk of this Court issue a temporary restraining order restraining Respondent, and Respondent is immediately restrained, from: Disturbing the peace of the child or of another party. Attempting to take possession or having a third party take possession of ALEXIA ARIANNA HERNANDEZ in any manner pending further order from this court. Withdrawing the child from enrollment in the school or day-care facility where the child is presently enrolled. Hiding or secreting the child from Petitioner. Making disparaging remarks regarding Petitioner or Petitioner's family in the presence or within the hearing of the child. Consuming alcohol within the 12 hours before or during each of Respondent's periods of possession of or access to the child. Electronically Filed 10/13/2023 3:39 PM Hidalgo County District Clerks Reviewed By: Vincente Facundo F-3876-23-I Canceling, altering, failing to renew or pay premiums on, or in any manner affecting the level of coverage that existed at the time this suit was filed of, any health or dental insurance policy insuring the child. This restraining order is effective immediately and shall continue in force and effect until further order of this Court or until it expires by operation of law. This order shall be binding on Respondent; on Respondent's agents, servants, and employees; and on those persons in active concert or participation with them who receive actual notice of this order by personal service or otherwise. The requirement of a bond is waived. IT IS FURTHER ORDERED that the clerk shall issue notice to Respondent, MODESTO HERNANDEZ, to appear, and Respondent is ORDERED to appear in person, before this Court October 30, 2023 in the courthouse at 100 N Closner Blvd, Edinburg, TX 78539, Texas, on ________________ at 8:00 A __________ ___. M. The purpose of the hearing is to determine whether, while this case is pending: The preceding temporary restraining order should be made a temporary injunction pending final hearing. The additional temporary injunction prayed for should be granted. Petitioner should be appointed temporary sole managing conservator of the child. The Court should make all other and further orders that are pleaded for or that are deemed necessary for the safety and welfare of the child. 10/16/2023 11:41:08 am SIGNED on ____________________ at ___________ ___. M. JUDGE PRESIDING CC: Dallas Gutierrez dallas@thegutierrezlawfirm.com