How to Modify an Existing Protective Order in Texas

Although they exist to protect victims from their abusers, protective orders can also be faulty. As such, they can cause numerous problems for both parties involved. They can range from not providing enough protection to being excessively restrictive, and there is often a need to modify them to suit everyone’s interests. Luckily, the State of Texas offers its citizens a chance to modify such a court order by following certain steps. We’ll briefly discuss the protective order and what you need to do before the judge reissues it in your favor.

How Does a Protective Order Work?

A protective order is a court order that aims to protect a person from any form of mistreatment by their abuser. As such, any victim of violence or stalking can request this order. You can request one against your partner, regardless of whether you’re married, separated, or dating someone.

The first step in getting a protective order is applying for it. You can do this in a couple of ways, the most common being at your local district attorney’s office. You can simply show up at their office and ask them to file one on your behalf.

Once you apply, you will need to answer a couple of questions. In Texas, specifically, you need to establish that violence has occurred and that it is likely to repeat. Depending on the severity of your case, the court will then decide whether it will issue this type of order. The decision will usually take around two weeks.

Modifying the Order

After an order is issued by a Texas court, both parties will have a legal right to request changes. Hence, after notice and hearing, the court can exclude or include an item. These reasons can vary, but they usually come down to two things:

  • Not being enough to keep a person safe
  • Being too restrictive for the alleged abuser

The modification process of a protective order is similar to issuing it. This means that both parties need to appear in court and state their case. Furthermore, it can prove to be a new option for further allegations or even defenses. In other words, modifying a protective order is like any other family law matter.

After testimony and evidence review, the judge will decide whether there is a reason to modify the existing order. They might decide to reissue the order or to keep things as they are. Either way, the Family Code in Texas does not require the duration of a protective order to be extended in a modification request. This process has its adequate procedure, clearly stated in the Texas Family Code 85.025.

Modify Your Protective Order With Davis, Ermis & Roberts’ Help

In an unfortunate event that you or someone you care about is struggling with an existing protective order, Davis, Ermis & Roberts can offer legal support. We specialize in family law, so we can lend a helping hand in reversing the court’s ruling in your favor. You can contact us by phone or email any day of the week. Don’t hesitate — call us now!