Round Rock, TX asked in Criminal Law, Divorce, Family Law and Domestic Violence for Texas

Q: I currently have a temporary protective order ex parte filed against my husband I am located in Texas. He begged to se

He begged to see our son, so I allowed him once with my supervision

Since I have the protective order in place, would I be in violation of it and could I be facing criminal charges for violating it as the protected party

He is now incarcerated For violating his probation, so I fear he may use this to get back at me in some way.

Edit: it was a one time thing, he begged to see my son and I mistakenly allowed it. I was not sure if it was a legal violation on my behalf. I’m wishing to go “no contact” with him, I just fear facing legal ramifications of allowing him from the law or court.

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

A: No, the order does not restrict the actions of the protected party. However, if you wish to deviate from the order in the future it would be wise to seek a modification so that your husband won't be in violation. It is the judge's order, not yours, so you don't have any authority to allow your husband to violate it.

2 users found this answer helpful

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis
Answered
  • Criminal Law Lawyer
  • Bryan, TX
  • Licensed in Texas

A: Unless the Order restricts you directly, allowing him to see your son should not get you in trouble, though it could get him in trouble.

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