Asked in Domestic Violence for Texas

Q: My husband is in jail for assault on me. There is a protective order when it expires can I visit him?

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2 Lawyer Answers
Herman Martinez
PREMIUM
Herman Martinez
Answered
  • Domestic Violence Lawyer
  • Houston, TX
  • Licensed in Texas

A: Please contact his lawyer because it is common that the court applies no contact conditions in addition to the protective order to those that are accused of family violence assaults.

Kiele Linroth Pace agrees with this answer

Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Domestic Violence Lawyer
  • Austin, TX
  • Licensed in Texas

A: I agree with Mr. Martinez. Although the jail magistrate can only do an EPO up to 61 days (or 91 for deadly weapon), the trial court judge could order the defendant to have no contact with you. Check with his criminal defense attorney to be sure you won't accidentally cause more legal troubles for him. Also, be aware that the visit is very likely to be electronically recorded so discussing the incident at the jail is a very bad idea.

1 user found this answer helpful

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