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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I am an experienced Wisconsin criminal defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.
If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.
Most questions are just better handled by an attorney familiar with the procedures of the courts in your area. Few, if any, legal matters should be handled via Internet communication. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.
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Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.Ask a similar question
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.Ask a similar question
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.
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Follow the sound advice by Mr. Pierce-Jones and Mr. Medley. Talk to an attorney before you DO anything.
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