Frisco, TX asked in Criminal Law and Civil Litigation for Texas

Q: Non-Disclosure Motion for civil temporary protective order request.

Hi - I am trying to remove/hide/seal from public record - a civil temporary protective order request that was denied/dismissed at the hearing in Denton County. I have read about the motion for non-disclosure - but everything I read is specific to criminal cases - not civil. I am wanting to file this motion - but I am unsure of what my options are for this civil case. Any help would be appreciated!

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

A: The Texas statute authorizing a Petition for Non-Disclosure applied to certain criminal cases where Deferred Adjudication probation was successfully completed. It does not apply to civil cases.

In theory, you could file a Motion to Seal Court Records under Texas Rule of Civil Procedure 76a.

Kiele Linroth Pace agrees with this answer

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

A: That type of protective order involves the Texas Family Code so it is ripe for consideration for sealing under 76a and that will be more likely if the original applicant agrees... or at least doesn't oppose it.

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