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How can I get an Emergency Protective Order removed in the state of Texas?

Friendswood, TX |

My fiance made a joke towards me saying "When you die I am going to cut off your boobs and sell them on the black market so that a man wanting to be a girl can sew them on". When the police came about another matter concerning my fiance feeling suicidal the police asked me what happened. I told them everything including the joke and they arrested him for assault by threat. Now they have issued an Emergency Protective Order and I want to have it removed.

Attorney Answers 3

Posted

You will need to talk with the judge that issued the protective order to get it lifted. Call the court in which your fiance is being prosecuted and make an appointment, or do it through your fiance's lawyer.

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Posted

Only a judge can change or remove a protective order. Emergency protective orders expire within a short period of time. The judge may want him to attend counseling.

My answers are only intended as general legal advice based on my eighteen years as an Austin criminal defense and DUI attorney. They are not intended to be a binding legal opinion nor to create an attorney - client relationship. For those questions asked outside of Texas, there is no intent on my part to practice law in any other state There is no substitute for contacting a local attorney. Feel free to visit my website, www.austincriminaldenseattorney.com .

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Posted

Bad joke, but doesn't really sound like a threat. The way to get an emergency protective order removed is to contact the agency that is prosecuting the matter (usually the county attorney's office) about filing a dismissal. Only the judge can lift the order.

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