Is it Possible to Remove a Protective Order in Texas?
In Texas on many domestic violence cases, or assault family member cases, individuals are given a protective (restraining) order. I often get asked, can a Protective Order be removed? The answer is maybe.
Hi my name is Eric Benavides and I’m a Texas criminal defense lawyer.
I want to talk to you a bit today about protective orders on assault family member cases and specifically how you can potentially remove the order.
A lot of the times I get questions from families or the defendant themselves asking, «well is there any way we can remove the protective order?», and the answer is maybe. What typically happens in that situation is both parties would have to be present at court. Every court in every county is very different and your lawyer should be able to give you better specifics on the specific county or court you’re in, but it is up to the judge.
It is not automatic and whether that protective order is removed is totally in the hands of the presiding judge of that court.
Eric Benavides is a Houston Criminal Defense Attorney. He is a co-founder of Benavides & Serrano, PLLC. He is a graduate of the prestigious Texas Criminal Defense Lawyers Trial College, and is a proven trial lawyer. He has been recognized as one of the best criminal lawyers in Houston by the Houstonia magazine, and has earned a perfect 10.0 rating on AVVO.