Greenville, TX asked in Domestic Violence for Texas

Q: where can I find a motion to modify or dismiss a protective order

Related Topics:
2 Lawyer Answers
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Domestic Violence Lawyer
  • Austin, TX
  • Licensed in Texas

A: Your best bet is to simply go back to the attorney who helped you apply for the protective order.

Absent that, you can identify a protective order case with a success modification and go to the clerk's office and ask to look at the court's file. It is a public record so you can make a copy of the motion used in that case and use it as a template to draft your own.

If it is a Magistrate's Emergency Protective Order with a duration of 91 days or less then there are very specific findings the judge needs to make before modifying or vacating the order. See Article 17.292 of the Texas Code of Criminal Procedure.

If it is a longer-term protective order based accusations of Family Violence or child abuse study Title 4 of the Texas Family Code ... basically chapters 71 through 87. .. especially 77. It isn't as much as it sounds because 72-80 are empty.

If it is based on an accusation of sexual assault, stalking, human trafficking, etc then read Chapter 7A of the Code of Criminal Procedure in addition to Title 4 of the Family Code.

... but yeah, your best bet is an attorney.

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

A: I meant especially chapter 87 ... not 77!

There is no chapter 77. They skipped it!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.