Can I Nonsuit a Protective Order Case in Texas?
Posted by Ramos Law Group, PLLC | Protective Orders
The legal answer is – it depends! There have been situations where we have seen a judge refuse to let an applicant dismiss (or nonsuit) a request for a protective order based on the facts in the original suit and the supporting affidavit. Victims of domestic violence may recant their account or claim they were mistaken, it is sadly common in the cycle of abuse.
There have been instances where a presiding judge or the state attorney who has filed a motion for protective order are very reluctant to nonsuit given the allegations and likely danger to the alleged victim. If the district attorney’s office or other governmental agency is handling the matter, they may want to move forward with the case even if the victim is uncooperative or unwilling to testify. Rare, but it could happen if there is heightened concerned about the victim’s safety.
That being said, the moving party generally has the right to nonsuit a case any time before the court has heard all of the evidence and rendered a judgment. If a person has privately filed a Motion for Protective Order, they can likely file a Notice of Nonsuit and the judge will sign off on the Order granting the nonsuit, without prejudice, meaning the party can refile at a later date if they so choose.
Once the Notice of Nonsuit has been filed with the presiding court and an Order of Nonsuit (which may be signed by all parties or just the presiding judge) has been filed, then the case is no longer active. The party requesting the protective order would need to begin the process anew – filing a motion, having the responding party served, and appearing at the court date.
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.