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Can a Protective Order be Dropped or Removed in Dallas or Fort Worth Texas?

Posted by Carl Ceder | Apr 15, 2020 | 0 Comments

Fights happen among people who love each other very much. Especially right now, in the time of the coronavirus. We are cramped up in our homes. Some of us have lost our jobs. It's an incredibly difficult situation. Tempers can fly, and when they do, mistakes can happen, too.

If a fight goes too far and the police arrive, someone may get arrested. The police may also request a Magistrate's Order for Emergency Protection (EPO). When that happens, neither you nor your loved one can prevent the EPO. In fact, you may not have even been aware that it was issued. And once it is issued, you must follow the order or else risk getting arrested for violating it. A violation of an EPO carries a sentence that includes incarceration and fines. So, what can be done? You may now be out of a home and your loved one may want you back. Can a protective order be dropped or removed in Dallas or Fort Worth?

Can You Get an EPO Dropped or Removed in Dallas or Fort Worth?

EPOs, once issued, are hard to get dropped or removed in Dallas, Fort Worth, or just about anywhere else in Texas. Regardless of whether or not the alleged victim wants the EPO dropped or removed, the prosecutor isn't likely to vacate a protective order. That means you may have to take matters into your own hands and get a judge's opinion on it.

After a protective order is issued, you and your loved one (e.g., the alleged victim) can file a motion to modify. If approved, a judge could modify the EPO to remove the restriction on returning home or coming into contact with the alleged victim. For example, maybe the alleged victim is a girlfriend and you don't live with her. In order to be able to go over to her home or meet with her elsewhere, the restriction on staying away from her must be removed.

If you fail to abide by the protective order before a modification is made, you could face additional charges in addition to any charges already filed. Violating a protective order is a criminal offense typically charged as a Class A misdemeanor.

Who Should You Contact if You Need Help with Removal of an EPO in the Dallas/Fort Worth Metro Area?

As it is, protective orders are serious and you should treat them as such. If you and your loved one want the restriction removed or dropped, you should speak to an attorney. In fact, a Motion to Modify could become part of the defense team's strategy for you and any pending charges.

That said, it could also work against you. These things can be tricky and outcomes are not always predictable. If you have a protective order issued against you in the Dallas or Fort Worth metro area and want to fight the order or want to learn more about your options, contact Carl David Ceder today.

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