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Can i remove a epo filed againts my will? is there anythiong i can do to help drop the charges againts my bf. ?

Houston, TX |

my bf and i were drinking and that caused an argument . we both have tempers and the alcohol cause me to get angry and get physical with him. like any person would when they feel attacked he acted back and punched me. i called the cops and they didnt arrest him but they did file charges againts him. they issued a warrant and arrested him within a week when i tried to visit him in jail, they said we couldnt have any contact with each other because of a (epo) emergency protective order. is there anything i can do .. this is his second saault on a fam, mem. the prior one had nothing to do with me.

Attorney Answers 4


  1. Best answer

    You already have advice from three fine Texas lawyers. I am chiming in because you cannot hire me, I have no axe to grind when I say he needs a lawyer. The charging decision is not yours, but the prosecutors. A restraining order cannot be entered without your request, but the police may have been talking about a mandatory no-contact order following an arrest or a bail condition and just mischaracterized it.

    The prosecutors do have to listen to you, but they don't have to do what you want. They are not your lawyers.

    I sincerely hope you will remember this for the rest of your life: do NOT call the police because you are mad at someone. Call the police if you are in danger. Once they are called you lose any control you might have had over your life.

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  2. He needs to be represented by a good lawyer. Once someone who knows what they are doing takes his case, they can help you attempt to cancel the magistrates order of emergency protection (MOEP). It will be up to the judge to rescind the order or any bond conditions he may be required to comply with. These rules would also include that he have no contact with you.

    The DA will probably oppose this, and many judges will not rescind these orders. The DA will try to bait you in to talk to them by making you think they want your story to help them consider whether they will agree to have the "no contact" order removed. Talk with a good lawyer before you talk to the DA. I'm sure they have already called you. They usually try to get you pinned to a story within a couple of days of the arrest.


  3. This is not a DIY project. A second offense family violence case is a felony in Texas. And, from what is given here, it looks like you may have criminal liability yourself.

    Your place to start is with a consultation with a criminal defense lawyer for advice about YOUR situation and what you want to get done.

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.


  4. Follow the sound advice by Mr. Pierce-Jones and Mr. Medley. Talk to an attorney before you DO anything.

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