Cibolo, TX asked in Appeals / Appellate Law and Domestic Violence for Texas

Q: can i get a protective order that was placed when i was 16 removed when i’m 18 in texas?

my mom found out back in 2019 that i was having sexual relations with a 19 year old when i was 16. she tried saying he had sexually assaulted me and i don’t know if she successfully got those charges pressed. considering he is not in jail i think she couldn’t since it was consensual. he is 3 years and 5 months older than me. back in january of 2020 my mom placed a protective order on us and i was wondering if by the time i turn 18 of july 2021 if i could get it removed

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

A: Yes, and also when you're 17 if the protective order was issued based on alleged sexual assault. On your 17th birthday, you became eligible to file an application with the court to rescind the protective order per Article 7A.07(b)(1) of the Texas Code of Criminal Procedure. After January 1, 202,1 the applicable law will be Article 7B.007(b)(1).

That said, your mom certainly doesn't have to pay for the legal work required and she could forbid the relationship, at least as long as you live with her... and the runaway laws apply until you are 18. So you might be stuck with it until you are 18 and can afford to move out and hire an attorney.

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