Can I Get a Restraining Order Removed?

Types of Restraining Orders

Two types of restraining orders exist in Texas, which are intended to protect victims of harassment, stalking, abuse, and further acts of violence.

These orders are known as:

• Family violence protective orders
• And sexual assault protective orders

Both are issued by a judge after a plaintiff files an application and is able to prove a legally defined form of family violence or sexual assault took place or will likely take place. Once a year has passed, those that the restraining order is against have an opportunity to have it reviewed and request a motion to determine if it is still necessary.

The Restraining Order Hearing

If an order has been taken out against you, you will be notified when you are served papers, which should also include your hearing date. If a temporary restraining order exists, you will also be informed of it.

You must follow the terms of this temporary order whether you sign for it or not. Not doing so means you could be held in contempt of court. Following it or accepting it does not mean you are admitting guilt.

Your full hearing will take place within 5 to 30 days. You are entitled to legal representation for this process. To have the order against you dropped, it is crucial to prove you did not commit any of the alleged acts the plaintiff claimed occurred.

To effectively prove this, it is crucial to have witness testimony. If this attempt to the order dropped fails, it will be valid for 2 years, unless a judge determines otherwise.

Removing an Existing Restraining Order

The 2-year time frame on the protective order can expire early if, after a year, the court reviews your case and decides it is no longer necessary for the safety of the plaintiff. If you are unable to have it dropped, however, you can still have the protective order modified.

If the alleged victim agrees to have an order dropped, a judge on your case might be more likely to modify the order to remove the “stay away” restriction. Being in full compliance with a protective order against you is your best chance at having it removed or modified.

Violating it will almost surely make the court far less inclined to remove the order. To increase your chances of success, it would be wise to seek the representation of an experienced attorney who has handled cases such as yours in the past.

Consequences of Violating a Protective Order

Anyone who violates a protective order can face some severe consequences, including:

• Criminal charges: A fine of up to $4,000 and 2 years in jail, depending on whether the violation was a misdemeanor or a felony.
• Civil contempt: A fine of up to $500 and/or 6 months in jail.

Having a protective order against you also means you will not be allowed to possess a firearm and your actions will be heavily restricted.

Texas Domestic Violence Attorney

Texas has incredibly strict penalties when it comes to matters regarding domestic violence. Not everyone accused of domestic violence is guilty, however, and sometimes individuals use the system against those with whom they have a bad relationship as a form of vengeance.

If you have a protective order against you, it is crucial to have it dropped or modified to regain your lost freedoms. At The Law Offices of Alex R. Hernandez, Jr. PLLC, our Texas criminal defense lawyers are prepared to stand by your side and fight to secure a desirable outcome for your case.

Reach out to our firm today by calling (888) 907-8994 or contact us online. Our attorneys are available 24/7.