Court marks you are present by video conference as you can see and hear from your device. Your lawyer is present in person in court. Speaking to the microphone, Miss Hasso and tell the court are you Marisa Esco Hasso?
Yes, your honor. Welcome to court, Miss Hasso. The court marks you present in person.
Miss Hasso, do you have a lawyer? No. Miss Hasso, will you be going forward without a lawyer?
Yes, your honor. The court marks you self-represented. Miss Flores, does the court have Miss Hassel's email address?
Yes, your honor. Mr What is the announcement? Your honor, I believe the court set this this hearing or this date for temporary orders and the court had on June 5th had uh signed a temporary restraining order that I guess the uh the petitioner had um applied for.
My client was not served with that uh petition for or motion for temporary restraining order. Honor, the court signed it uh affected property, personal property that my client has, including the Jeep that he is exclusively and it's requesting and the court um I believe is she's also requesting uh temporary spousal support, honor, but this uh this application it fails procedurally and it fails to establish any of the legal elements required in an exparte uh hearing or uh for what? Motion for temporary uh uh restraining order.
So, we're requesting that this order, the order itself be dissolved. Now, as far as the temporary orders, your honor, I was just recently hired. U my client was served with notice of this on Sunday, June uh 14th, and we're requesting a uh a continuence on the temporary orders.
But as far as the motion for uh uh temporary restraining order, we're requesting the court dissolve or at least put it in abatement so that we can uh have more time to prove up all of the uh allegations of the petitioner. We filed an answer yesterday, your honor. And in our answer, it's a we're alleging that there is no marriage and there's no pleadings that allege the elements necessary for the marriage either in the petition or in the temporary motion temporary orders or temp motion per temporary restraining order as well.
The questions, three questions. First question, Mr The only thing that differs I think from the temporary restraining order that the court signed and the standing orders in family law in web county is the use of a Jeep 2023. Tesa's family law Tesa family code 2.
41 informal marriage under Tesa's family code 2. 41 401. An informal marriage can be proved one or two ways.
One, by sign declaration. By a signed declaration of informal marriage filed with the county cler. Two, by evidence of three elements.
By evidence of three elements that must all be present. One, that the couples agree to be married. Two, that after the agreement they live together in Texas as spouse.
Three, that they represented to others that they are married. All three elements must prove by clear and convincing evidence for an informal marriage to exist. Agreement, cohabitation, representation.
Three elements one marriage. Is is it your client's position that he should have use of that vehicle? Yes, your honor.
He has exclusive use. He's been making payments on it. He res currently resides in Utah.
He was transferred with the Texas National Guard. I think he was transferred over there for assignment. And he that's his personal use of that.
And the vehicle is where? In Utah with him. Uh second question, uh other than the provision on the Jeep, is there any provision in the orders that the court signed or any orders that you would request in the future that differ from the webcount standing orders?
Well, your honor, they do because uh all of the property that was alleged or requested or affected by the temporary orders, both the the the temporary orders and the motion for temporary restraining order are the personal property of my client. There's no there's nothing on the record. There's nothing in the deed.
There's no we provided by exhibit A and B that uh that she's on that she has. There's no specific property listed, only the Jeep. Actually, your honor, um, she listed, I believe, the the residence 15 um 21 Lane, don't don't don't speak until I ask questions.
Give me one second. You'll have plenty of time to one second. It's 15.
Uh, I believe it's 15, but that wasn't signed by the court. I believe it was. Tell me the date.
On June 5th, that's on the If that's the case, then I'm mistaken, then that must have been in the temporary orders. I might have been requested, but the only property affected other than things outside of the scope of the standing orders is the jeep. Uh, third question, it it seems based on a review of the record, Mr Trevinho, that Mr Gonzalez was served and the affidavit of service reflects June 14th.
You're you're just saying that he didn't get served at the time it was entered, but you're not claiming he isn't served now. He's served now, but he wasn't given adequate notice here. Sure.
Sure. Um, let me give you some time to respond. What would you like to say, Miss Hustle?
I created an exhibit of or kind of you know inaudible. Yes. So speak louder and just just tell me.
Sorry. Um I created a exhibit of everything we shared together. Um you know we were a committed relationship of four years.
Uh we shared uh two homes. Uh one was in Elise which I was in. Uh we shared a home which I had messages from the realtor where he's uh including myself.
Um the Jeep he uh my mother is the co-signer for his Jeep. Um I share utilities. I have cash out so we joined bank accounts.
Um I have we were engaged. Um I have pictures. Uh I I did create an exhibit of everything we shared within the four years.
And may I respond your honor? Uh Mr Rowinho, have you filed a request for temporary orders? No, your honor.
We're we're specifically denying any marriage exists. Uh we're not doing a counter petition because uh again there's no marriage in existence accord uh that that's what we're we're arguing. And so we're just we're going to be requesting a motion for summary judgement very soon.
I just got the case, your honor. So I'll be filing that very soon. And then we'll be providing more evidence.
As far as the the statements made uh by Miss Hasso, um the lease that that she's uh arguing that she was on there, it says if they're cohabitants mentioned husband and a wife, your honor, and the deed uh that that um the second property, it lists my client as a male unmarried on that and it only has his name on the deed. Uh and and as far as the cohabitation, there's no nothing she she's going to present is going to show that they they presented themselves as husband and wife in public. Uh the only thing that closely could be argued would be that they cohabitated together, but not as husband and wife.
There's no children of the marriage. So let me ask you two two questions, Mr Clemeno. First question.
Um, you haven't filed a counter claim, correct? No, your honor. We filed a just an answer, right?
Because you're you're just going to defend and and prove that she can't prove her case. So my my next question is I know you said you're going to file a summary judgement and and the court welcomes you to do that. But if you do then what the court needs to do is schedule a final pre-trial hearing and then schedule a final hearing after that.
The final pre-trial hearing ostensibly would be for the court to give you a deadline to file the family law family code 2. 41B 401b informal marriage time limit to prove an informal marriage under 2. 41B.
If a proceeding to prove an informal marriage is not commenced before the second anniversary of the date the parties separated. It is reputably presumed that they never agreed to be married. Reputable presumption.
This means the presumption that no formal marriage existed can be overcome with evidence to the contrary. Important. To preserve your right to prove an informal marriage, a proceeding must be filed within 2 years of the date of separation.
act within two years or the law presumes no marriage agreement existed to file the summary judgment based on the new Texas rules 166 with regard to summary judgments. If you went that route, a resolution in this case is going to take much longer. If we did this at a final hearing, then the case will be proven or um equally defended and you'll probably get a resolution in the next 45 to 60 days.
If we went the MSJ route, the new rules allow for 90 days plus. So, what would be your request on behalf of your client? At this time, we're just requesting a uh a reset for the temporary orders hearing, honor, and then um a final.
I can't do that because So, let let me let me do this because uh Miss Miss Hasso, I find that Mr Deini was correct. If service wasn't perfected at the time that the court signed, then um or or there shortly thereafter, then they should be dissolved. One, two, he's right.
there is nothing in the record um that shows why you should be given that that Jeep. In other words, there are defects sufficient enough to cause the court to grant the request. So if Mr Tvinho doesn't have a request for temporary orders and now you don't have a request for temporary orders, there went that.
So somebody here if you want temporary orders should file that request. honor. Uh, well, they send me everything where he was served, everything.
Yeah, I I I agree with you on that. It's it's part of the court record. I' I've seen and reviewed it for that.
It's also for my safety. Um, he does have um uh I do have police reports in here, harassments where he's harassing me. Um, I left I didn't leave the house voluntarily.
It was harassments. it was um you know calling my employer um so I am also doing it for my safety. I I tell you what the the the thing here is that since you filed self-represented and since Mr Trevinho did not file a counter petition no one here ostensibly has been provided the standing orders of web county.
Miss Flores, can you print out two copies please? Yes, your honor. And and for the record and for your benefit also, Miss Hasso, these can be found on the county website to the district clerk under local rules and standing orders.
And in those orders, as I've communicated and asked Mr Tvin, everything that you've requested already applies to this case. There can be no harassment. There can be no threatening communication.
Anybody that's found in violation of any of this is subject to sanctions or other penalties by this court. So, I'm going to give you a copy so that at least we're all on the same page. And your honor, as far as the the residence, Mr Hassel is attempting to sell the property.
He doesn't reside there anymore. It's here. She's left the house as of February of this year.
She hasn't resided there. So, there's no She's been residing. Why?
Why are you telling the court this? what your honor because in the uh the standing orders I believe there's uh I think I don't know if it's G or H that it um it addresses uh marital property and there is no marital property there there's nothing I can do about that and the reason I ask why you're asking is because you successfully argued a dissolving of the temporary order so there's no more temporary orders hearing there's nothing left for the court to do so you can you can put it on the record but the court's hands are tied until we get to a final hearing unless somebody makes a request in writing. Your honor, we uh could we have a final hearing?
Request a final hearing. Well, it looks like I take it back. Uh it looks like Miss Hasso and Mr Trevinho, this case is already scheduled for a final hearing September the 2nd at 2 p.
m. If you need another setting earlier, make the request in writing and I'll be happy to entertain that request. Thank you.
Um anything else on this case, Mr No, you're not. Miss Hasso, anything else that you would like to put on the record or tell the court? Uh, no, you're not.
Just uh, you know, I was just seeking um, you know, like I said, I do have a lot of evidence here to where um, it does state that we were a committed couple um, bank accounts. I put in my 401k. He was in the joint account.
So, um, all this is in here. Um that's why I was asking the court to preserve um the share uh property that we had together because there was an incident um where like I said there's a police report. After that police report he locked me out of the home.
So I had no access to the house. So everything that we purchased together, everything that we got together, I don't know what he did to it. So, uh, the reason why I was saying this because he locked me out of the house.
So, I had no way to go in the house. I had no way to I mean, we had furniture. We had um, you know, the police department themselves told him that he needed to get they needed to he needed to give me access to the property.
The only thing he gave me access to was the garage. So, so a couple of things. Uh, Miss Foso, I I don't know yet if any of that or all of that is true.
It may all be true. It may all not be true or something in between. But what's happened here today is that Mr Tvinho successfully procedurally knocked this case out until the final hearing.
So, at that time, the court welcomes you and Mr Gonzalez to testify and to present evidence that everything you're saying is true and correct. and then he'll have the same opportunity to do that. What you need to know at this point, two things.
First, just take a look at those um standing orders. They're effective for you and for Mr Gonzalez. Mr Trevinho will provide that to Mr Gonzalez soon if he hasn't done so already.
And two, be on the lookout for your email because at the time that you present your case, everything that you present to the court must be uploaded electronically to case center so that there's no surprises at trial. There is no there's no trial by ambush. Everything is fully disclosed.
Everything is fully uh can be fully presented. Do you have any questions for the court, Miss Hassel? No, your honor.
Mr Gonzalez, do you have any questions for the court? Um, excuse me. I I do have one question, but um I'll speak to my attorney about it.
All right. I look forward to hearing your case, Miss Hasso and Mr Wonles, on September the 2nd at 2 p. m.
I wish you both very well. Have a good day. Thank you.
I believe that's everything. Good to see you, Mr Have a good day. Tesa's family law 2.
401. Why nothing could be granted today under 2. 401 and because the interim remedies she sought all dependent on the marriage not yet established and because the procedural vehicles carrying them were defective and absent.
There was nothing for the court to grant today. No marriage equal to no interim relief. All of the interim remedies required presupposed the existence of a valid marriage.
Therefore, no marriage has been established. So, the court has no authority to award spousal or marital interam relief. Second, defective or absence procedial burries.
Even if a marriage have been established, the request fails because the required procedural veiled in the wrong form or under the wrong rule. Incomplete missing required allegation signature or supporting affidavit. Ultimately not filed within the time frame required by law or rule.
Absence, no motion, no petition, no verified pleading filed at all. A court can only act on proper proceedings properly before it. Without them, the court has nothing to rule on because there is no established marriage and because the procedural vehicle were defective or absent.
There was nothing for the court to grant today. Thanks for watching. Don't forget to check out more videos on our channel.
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