The applicant can appear at the hearing to oppose the adverse party’s motion. Before concluding with a “Model Protective Order,” this paper provid esan outline of general considerations to be made when preparing a protective order. If you or a loved one are facing an emergency protective order, it is crucial that you consult with a criminal defense lawyer as soon as possible. It tells the Clerk of Court whether you have to pay a filing fee. No. An EPO is a short-term protective order that is enforceable with criminal penalties under Article 17.292 of the Texas Code of Criminal Procedure. You have to file an application for a temporary protective order setting out what has happened in the past, what you are afraid will happen and why. James Luster is here to help. In fact, the alleged victim does not even need to be present in court for the EPO to be issued. This type of temporary protective order cannot be lifted. The notice also tells him of the hearing date for the permanent order. It will expire exactly two years after entry. Texas court documents for protective orders carry the following warning: "No person, including a person who is protected by this order, may give permission to anyone to ignore or violate any provision of this Order. Re: motion to dissolve protective order You can go to your local law library and ask the staff for help finding the correct format and language for the motion to terminate the protective order and the order for … If a state prosecutor filed the protective order papers for you, she will probably show up in court and represent you. What kinds of behaviors can a restraining order prevent? While family violence protective orders can be issued only against someone in a close relationship with you, like a husband or boyfriend, there are other types of protective orders that can be issued against acquaintances or strangers. During the time in which this Order is valid, every provision of this Order is in full force and effect unless a court changes the Order. If it is a longer-term protective order … The person restrained by a permanent protective order cannot try to discontinue the permanent order in Texas until it has been in effect for a year. The official name is "magistrate's order for emergency protection," but most people call this order an emergency protective order. For cause, the court may by order … Restraining orders are different and apply to civil rather than criminal matters. Motion to Dissolve • The purpose of a motion to dissolve an injunction is “to provide a means to show changed circumstances or changes in the law that require modification or dissolution of … The EPO does not prohibit dad from seeing his child, but it does forbid the accused from going to mom's house to get the child. Regardless of whether you are success in getting the order dropped, this is an invaluable opportunity to strengthen the criminal defense of the assault charge. 6. Taken together, these terms describe a court order that protects someone by stopping someone else from doing hurtful, abusive or illegal things to them. If the court is convinced of that, it will issue a permanent protective order. Motion to Dismiss a Protective Order in Texas Once a protective order has been in place for a year, the person restrained by it can file a motion to dismiss or discontinue the … One year after it goes into effect, the restrained person has the right to file a motion to dismiss or discontinue the order. The court holds a hearing to determine whether to discontinue it. The question before the court is "whether there is a continuing need for the order." Communicating directly with the alleged victim or with a member of the alleged victim's family or household in a threatening or harassing manner, and/or communicating a threat through another person to the alleged victim or member of the victim's family or household. An agreed Order in this case is based on the assumption that rather than proceeding with the hearing with the Motion to Dissolve the Writ of Garnishment or the Motion … Neither the protected person nor the restrained person can arrange to have it stopped or discontinued. It is, as it sounds, a court order intended to protect someone. motion to dissolve the preliminary injunction and this motion for a protective order, seeking to preclude any further discovery in this case. The court can extend it for an additional 20 days if you ask that it be extended. If you don't, your case can be dismissed and you lose the protective order. That might include anger management counseling and/or drug and alcohol addiction counseling. Aside from the value of actually getting the protective order dropped or removed, a second benefit of this process is collection of valuable information and evidence. The police can arrest the offender for violating any of these orders. (§13-14-108(2)(b), C.R.S.) First, a protective order can preclude the threatening person from having any contact with the protected person or her family members. Going within a minimum distance of the alleged victim's or member of the alleged victim's family's: The use or exhibition of a deadly weapon during an assault. You are, if you have been the victim of certain crimes, regardless of the relationship between you and the offender. In most instances where people are talking about a ‘restraining order’ as it applies to a criminal case, they are really referring to a protective order or EPO. It is a Class A Misdemeanor to violate an emergency protective order with the possibility of up to a year in jail and up to a $4000 fine. If an applicant for a protective order is a former spouse of the individual alleged to have committed family violence, the application must include: (1) a copy of the decree dissolving the marriage; or The magistrate in Texas criminal court can issue this order if you or someone else asks for it. For example, a sexual assault, abuse, stalking or trafficking protective order is very much like an order protecting against family violence. If it is a Magistrate's Emergency Protective Order with a duration of 91 days or less then there are very specific findings the judge needs to make before modifying or vacating the order. She also arranges for service of the notice and the temporary ex parte order on the other person. See Article 17.292 of the Texas Code of Criminal Procedure. In Nevada, the form is called a “Motion to Dissolve.” These are: Both a TRO and a permanent protective order are issued by Texas civil courts in the region the victim resides. In Texas, protective orders usually are intended to protect a spouse and minor children against family violence. The court issues an emergency protective order after the police arrest the person for committing one of the crimes a protective order is designed to prevent: family violence, sexual assault, sexual abuse, stalking or trafficking. If the Motion to Dissolve is granted after a hearing, the protection order will become immediately void … No temporary restraining order shall be granted without notice to the adverse party unless it clearly appears from specific facts shown … If your attorney does not want to fight to get the EPO removed, then you may consider getting a new attorney. The Permanent Protection Order was issued on or after July 1, 2013. A hard copy of the questionnaire may be obtained by calling the above number or emailing pounit@tarrantcountytx.gov. Can you lift a restraining order? You can petition for a protective order during regular court hours. Meet with the alleged victim in the case; Obtain a verified request to lift the protective order; Draft a motion to remove or modify the current order; Contact the correct prosecutor (city or county prosecutor); Second meeting with the alleged victim to prepare for hearing; Prepare a proposed order to present to the court at the hearing; Appear at the hearing, question witnesses, object improper questions, and argue; If hearing is unsuccessful, consider possible appeal or transfer to different court. Her work has appeared in numerous online publications including USA Today, Legal Zoom, eHow Business, Livestrong, SF Gate, Go Banking Rates, Arizona Central, Houston Chronicle, Navy Federal Credit Union, Pearson, Quicken.com, TurboTax.com, and numerous attorney websites. BACKGROUND FACTS To get a permanent order, the court will hold a hearing where the threatening person can appear, and both sides have an opportunity to present evidence and testimony. A restraining order in this type of case can order the perpetrator not to do these things. A regular protective order normally lasts two years rather than an EPO’s maximum of 91 days, and not all parts of a protective order are criminally enforceable. Finally, a longer order may be mandated if this is your second or third protective order against this person and he violated each of the former orders by committing family violence. An existing Emergency Protection Order (EPO) contains three general prohibitions against the person arrested for an offense … This can also apply to any private place the petitioner goes to regularly. Child custody, support, and abduction in the context of protective orders are addressed both in separate chapters and in pertinent sections of other chapters. The Permanent Protection Order … If you have an attorney, all the better, but one is not required. Since the state of Texas issues concealed carry permits to residents, the restrained person might have a permit. The court may order that a filing be made under seal without redaction. Sometimes, a court will remove or modify the EPO without a hearing if the lawyer gets all of the appropriate affidavits and the prosecutor has an opportunity to speak with the alleged victim. A mandatory EPO is put in place upon the arrest of the accused for any crime involving: Under these circumstances, the EPO is mandatory but does not mean that it cannot be lifted with the help of an attorney. If you need help getting an EPO removed, please call Assault Family Violence Attorney, James Luster. A protective order is a legal document issued by a state court that orders one person to stop harming or harassing another person. EPOs are put in place many times before a court ever hears your side of the story. It may be a hardship now to abide by the order, but it will much more of a hardship if your loved one is found guilty of Assault Family Violence. It can also grant a longer order if the person seriously injured you or a family member. It is not necessary that the perpetrator be put in jail for these to be issued. A protective order can also direct the threatening person to stay away a certain distance – often 200 yards away or more – from the petitioner's home, work place and the schools her kids go to. I don't have handbook for each situation that I can email with solution A,B,C for … An EPO can last as few as 31 days and as many as 91 days. If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to “dissolve” (terminate or cancel) the protection order. This can perhaps be used later to convince the prosecutor to dismiss the assault or use at trial to impeach a witness. 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