Can district attorney and probation department execute stay away order when my common law wife doesn't want one?

Asked over 1 year ago - Humble, TX

I am on probation for 4 years for felony family assault. I had a court appointed attorney who was not interested in the facts of the case. I spent 6 months in jail for what they called therapeutic time. I originally agreed to adjudicated probation on this charge, then was arrested for an altercation with my wife in August. She came forth to the D.A and confessed that she lied in her complaint, and that she was having violent episodes due to prescription drug withdrawal symptoms. They didn't care, and changed my probation to include staying away from her for the term of my probation (4 years). She is my only family in Houston and we are working on cleaning up our lives. She is now clean of pills for the first time in 8 years. Can we have prob terms changed?

Attorney answers (4)

  1. Jacqueline R. Kriebel


    Contributor Level 14


    Lawyers agree

    Answered . Yes, but your attorney can approach the judge about having this bond condition removed.

  2. Richard Timothy Jones

    Contributor Level 17

    Answered . You can request to have probation terms modified. In my experience of handling Austin Family Violence cases it often doesn't matter whether the victim wants the stay away lifted. Some times a judge just wants to see if you handle being on the outside before lifting a stay away.
    Austin Family Violence Lawyer

    My answers are intended only as general legal advice and are not intended to create an attorney-client... more
  3. Fran Brochstein

    Contributor Level 17

    Answered . I agree with all the attorneys answers.

    The problem is that many victims later change their stories so the DA's office often won't cooperate in lifting these po's.

    You will need to hire a private attorney to assist you and it won't be easy. Good luck!

    Attorney Brochstein is donating her time and talent by answering questions to help those in need of legal... more
  4. David Alexander Browde


    Contributor Level 20


    Lawyer agrees

    Answered . Yes, they can. Whether you can get the terms changed is something that requires a more detailed knowledge of the situation - your criminal attorney should be able to assist - if not, consult a local family law specialist.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more

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