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

Q: Will police report saying she told me she had protective order dropped and called me help in dismissing the order

I was arrested for violating the protective order. Ex girlfriend stated to police she had the order dropped and called me to pick her up the order will be a year old in December. How affective will this police report be in my motion for dismissal? I was never arrested for family violence or anything I lost by default. Arrest was made during a traffic stop with her in the car. Officer also let her drive away in my car.

2 Lawyer Answers
Grant St Julian III
Grant St Julian III
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: Your girlfriend does not have the power to void a protective order; the only person who can do that is the Judge who issued the order. In my experience, what she told you will have no effect on the new criminal charges. Start calling local lawyers. Good luck.

Kiele Linroth Pace agrees with this answer

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

A: Things will go better for you if you have a criminal defense attorney on your side. This is not a D-I-Y project!

It doesn't matter what she said because the officer at the traffic stop is the only witness they need to show you were in violation of the keep-away condition.

It is the judge's order, not the protected person's order... so only the judge can change it. Look in the court's file for the protective order case and determine whether or not the judge ever modified or vacated the order. There should be no ambiguity on this issue.

You might be able to attack the Mens Rea of intentionally or knowingly doing the action that violated the order ... basically, a Mistake of Fact defense based like in chapter 8 of the Penal Code. However, that is likely to be a long shot if you were served the original application and order but not served any modified order. Another potential problem is the statute is constructed such that it could be read so the intentional or knowingly applies only to the behavior (being with her in the car) and not to the fact that the behavior violated the order. An attorney will be prepared to argue against that reading, but a D-I-Y-er could be sunk by it... so get an attorney!

Finally, it doesn't matter if you failed to appear and lost by default. It doesn't matter if you were never arrested for family violence. It doesn't matter that the officer let her drive your car. These distractions dilute your primary argument.

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