El Paso, TX asked in Criminal Law and Family Law for Texas

Q: Can I re i initiate contact with my spouse after a magistrate emergency protection order expires or do we go to a hearin

was arrested an an emergency protection order was issued by the magistrate due to family violence. I was served and the order expires in a week. My partner does not wish to prosecute but I am complying with the order by staying away and not having any type of contact. Can we expect a hearing or do we have to just let the order expire

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2 Lawyer Answers
John Cucci Jr.
John Cucci Jr.
Answered
  • Criminal Law Lawyer
  • Houston, TX

A: When the OP expires, it has no effect. However, before you make any contact, make sure there has not been an additional order signed or filed. Your best bet is to have your lawyer call the DA's office. If not, be sure to check the court/clerk's records to be sure there has not been an extension of the order.

Good luck!

Kiele Linroth Pace agrees with this answer

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

A: I agree with the other attorney and would add that sometimes the judge puts a no-contact condition on a jail-release bond. Here in Travis County that is especially likely on PR bonds and felonies.

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