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
Rick  Davis
Rick 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.

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.