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 the founder of Benavides Law Group. He is a graduate of the prestigious Texas Criminal Defense Lawyers Trial College and is a proven trial lawyer. He has been named a Texas Super Lawyers Rising Star and has been recognized as one of the best criminal lawyers in Houston by Houstonia and H-Texas magazines.
Need help removing a protective order please
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I have a protective order against someone and I’m trying to have it dropped, is there a way to do it without a lawyer
You can contact the District Attorney in charge of the case and see if they can help. You would need to get the judge to sign off on it.
I called the DA office to file form to remove a 5 yr protective order since the restrained party has served time and didn’t have a record / history of violence before our incident and at the time there was drugs and alcohol involved on the restrained party part which of course altered their behaviors. They just directed me to a website to find form. I asked the name of the form which they said to Google it since they can’t give legal advise. I asked you don’t have the form there for me just ask for and fill out in person again directed me to website. Am I able to do it or is he the one that has to file a motion ? Thank you
I never filed a restraining order but there is one against the person and i don’t want it to be there
If it is because of a pending criminal case you may be able to request that it is lifted. But it is going to depend on the facts of the case and who the judge is.
My order was from 2017. They refuse to give me a court date so I never nor any of my family have seen my children in 3 years. Help!
I didn’t request a protective order how do I get it removed ?
i live in galveston county area ane was wondering how i get emergency order lifted i didnt want one and never asked for one we have 3girls together he paus all are house bills and i stay at home with children and it was a huge misunderstanding i really need help because i need his help
How do I get it dropped if my wife is making false alligations
And she has warrants for her arrest
I’m I Texas can I have a restraining order lifted , I didn’t order the police did , my grandson is on disability and does not have any where else to live please help thank you
how can i lift a lifetime pprotective order
Do you work or can come down to San Antonio..
Would like to have consultation on behalf of boyfriend..
We want to drop the protective order..
It’s a little bit difficult situation with us.
Is it possible to change a protective order to probation