Can I Modify an Existing Protective Order In Texas?
Posted by Ramos Law Group, PLLC | Protective Orders
You may have been the victim of domestic violence and received a Protective Order but the provisions are not expansive enough to truly keep you safe from your abuser. Or you may have been accused of domestic violence and had a Protective Order granted against you, but the terms are too restrictive and impact your ability to work. What legal options do you have after a Protective Order has been granted?
After a Texas Court has ordered that a Protective Order be granted, either party may wish for the terms to be modified, for any number of reasons. The Texas Family Code, specifically §87.001, states:
“On the motion of any party, the court, after notice and hearing, may modify an existing protective order to:
(1) excluded any item included in the order; or
(2) included any item that could have been included in the order.
Both the applicant for the protective order and the respondent to the allegations may request that the Protective Order be modified. This will require the usual service of notice on the responding party as any other family law matter and could open the window of opportunity for the other side to claim additional defenses or allegations. The process is almost identical to the initial protective order hearing – the parties will appear in court on a determined date, each will have an opportunity to present their facts and legal arguments. After hearing the testimony and reviewing any evidence, the presiding judge will decide if the facts merit a modification. A new Protective Order with revised terms may be issued, or the judge may decide the modification has no merit and the Protective Order remains as previously rendered.
The Texas Family Code is clear in that the duration of an existing Protective Order may not be extended in a request for modification. Texas Family Code §85.025 provides guidance as to how and when a party may request that an existing protective order be extended but it is not through a modification action.
The Ramos Law Group, PLLC handles all aspects of protective orders – from filing original suits requesting protective orders, defending against protective orders, or stepping in to represent parties in an existing suit. Schedule a confidential consultation with one of our attorney’s today to discuss your protective order matter. We will review the facts and circumstances and help you plan the best legal strategy in an effort to obtain the best legal outcome for you and your family. Call us at (713) 225-6200 today.