Q:

How do you drop a protective order in Texas?

A:

Quick Answer

In order to have a protective order dropped in Texas, a motion must be filed with the judge who ordered it. Both applicant and respondent are required to attend the hearing to show just cause for terminating the restraining order.

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Full Answer

A magistrate’s emergency protective order can be issued if there is immediate threat following a violent domestic dispute. This type of restraining order is valid for up to 60 days.

In other cases, the plaintiff files an application for a protective order, and a hearing is set within 14 days of the filing. However, if the court finds that the plaintiff is in immediate danger, the judge can issue a temporary ex parte order, which stays in effect for up to 20 days.

There is another hearing scheduled prior to, or at the time the emergency or temporary protective order is set to expire. At this hearing, both the plaintiff and respondent have an opportunity to testify in front of a judge. If the judge finds that the respondent is no longer a threat, the judge can nullify the protective order or decide against issuing a final protective order. A final protective order is good for up to one year.

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