Dallas, TX asked in Criminal Law and Domestic Violence for Texas

Q: Is there a law about filing protection order an then getting back with person u filed against?

My friend filed against her husband an now they back together

2 Lawyer Answers
Robert Allen Thornton
Robert Allen Thornton
Answered
  • Dallas, TX
  • Licensed in Texas

A: If the protective order is still live, he could be arrested at any time. If she got the protective order through a private attorney, she would ask the attorney to nonsuit the case. If she got it through a district attorney's office, she needs to be careful how she approaches the prosecutor. The prosecutor represents the state, not her. He is in a precarious position right now for sure.

Kiele Linroth Pace agrees with this answer

Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Most protective orders expire automatically, so perhaps it just expired. If it didn't expire, your friend needs to file a motion asking the judge to modify or vacate the order. She needs to remember that it is the judge's order, not hers. She does not have authority to give her husband permission to violate the order.

Attorney Thornton is correct about asking the prosecutor for help securing a modification. The last thing she wants is to accidentally throw her husband under the proverbial bus.

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