i want to know how to remove a protective order.
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i want to know how to remove a protective order.
it was placed because my husband because he spanked the kids with the belt.
And that he has never spanked them with the belt before but my mother in law
called the police and that he already did the 45 days but they extended it
and i dnt know why. If someone can tell me who i need to contact in order to
find out information on the protective order in texas.
Asked on July 14, 2017 under Criminal Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
It sounds like this is an emergency protective order, not a long term protective order (which runs two years). EPOs usually last no more than 90 days, which means it may expire on its own very soon. However, if this is an EPO, then you'll have to file a motion with the JP that issued it to demand a hearing and undo it.
If the protective order is a regular protective order, (namely for two years), then he should have been afforded a hearing to contest the charges. If that hearing was not held, then he needs to file a motion to have the allegations heard so that he can challenge them.
Either motion or request will have to be filed with the clerk of the court where the protective order was granted. If you don't have a copy, call the municipal court, JP Court, and District Clerk where you reside and ask them to look up his name. The protective order will be in one of those three courts. From there, one of them can print it off for you so that you know exactly what your husband is facing.
If you have a copy of the protective order, then I would suggest that you take it to an attorney to review...they can explain any other potential defenses that your husband may have.
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