Emergency protective orders (EPO) are available to alleged victims in cases involving family violence, sexual assault, aggravated sexual assault, and stalking. An existing Emergency Protection Order (EPO) contains three general prohibitions against the person arrested for an offense … Frankly, your greatest chance of success is meeting with a criminal defense attorney handling the assault case. When the court signs an ex-parte temporary restraining order, it must be personally served on the person to be restrained. If you don't, your case can be dismissed and you lose the protective order. If the judge is convinced that there is no further need for the order, she can terminate the order. If a state prosecutor filed the protective order papers for you, she will probably show up in court and represent you. A permanent restraining order can last for two years or even longer. 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 order lasts up to 20 days. As the Restrained Person, I verify that at least two years have passed since the permanent order was issued or the last modification has been ordered. Also, prosecutors, judges, and juries are not likely to listen to you later if they find out you have ignored the EPO and allowed the person accused to violate the order. As an Assistant Attorney General in Juneau, she practiced before the Alaska Supreme Court and the U.S. Supreme Court before opening a plaintiff's personal injury practice in San Francisco. It is, as it sounds, a court order intended to protect someone. If the protective order was rendered before a suit for dissolution of a marriage or a suit altering the parent-child relationship was filed, the protective order court may transfer the protective … In Texas, protective orders usually are intended to protect a spouse and minor children against family violence. The official name is "magistrate's order for emergency protection," but most people call this order an emergency protective order. There is no procedure in Texas by which the arrested person can ask to have an emergency protective order dropped. The magistrate in Texas criminal court can issue this order if you or someone else asks for it. If the court agrees that there is immediate danger, the type of order you will get is a temporary order. 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. Since the state of Texas issues concealed carry permits to residents, the restrained person might have a permit. HOW TO MODIFY AN EMERGENCY PROTECTION ORDER. How can a protective order help me? It is issued by a Texas judge at your request. 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. This can also apply to any private place the petitioner goes to regularly. First, a protective order can preclude the threatening person from having any contact with the protected person or her family members. Each chapter … 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 clerk of the court issues a Notice of an Application for a Protective Order stating that the person has been accused of committing family violence. 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. 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. James Luster is here to help. Petición Para Extender/Modificar O/Revocar Una Orden De Protección Por … Who is eligible for a sexual assault or abuse, stalking or trafficking protective order in Texas? … (d) Protective Orders. Teo Spengler earned a J.D. The adverse party can file a Motion to Dissolve the protection order, and the court might schedule a hearing on the motion. Sometimes protective orders are necessary. 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