Can I Appeal an Emergency Protective Order in Texas?

 Posted on September 02, 2021 in Family Violence

A Magistrate’s Emergency Order of Protection (commonly referred to as a “protective order” or “EPO”) is a legally binding order that immediately restricts the behavior of someone arrested for an alleged act of family violence (known as the “respondent”).

Among other things, an EOP may prohibit the respondent from communicating with the alleged victim, going within a minimum distance of the alleged victim or their residence, or speaking to or going near the alleged victim’s children. This is true even if the respondent lives at the same residence as the victim.

When Will a Judge Remove or Amend an Emergency Order of Protection?

An EOP is often a necessary protection for victims of domestic violence. However, because EOPs are powerful orders that have serious consequences, sometimes an alleged victim may make false allegations that result in an EOP. Other times, an EOP may be issued for a family violence arrest but the respondent needs it modified so they can return home to take care of work or family responsibilities.

If you have had your rights unjustly restricted by an EOP, you may be able to have it dropped or modified in order to allow you to return to your own home. Although having an EOP dropped entirely is fairly rare, judges will often modify EOPs.

How Can an Emergency Protective Order Be Modified?

The exact process for getting an EOP removed or modified varies from county to county, so your best option is to contact a criminal defense attorney to help you. Generally, your attorney will take the following steps:

• Speak with the alleged victim and ask them to sign an affidavit requesting the EPO be removed or modified
• Draft a motion to remove or modify the EOP and request a hearing date from the court
• Attend the hearing and question witnesses, argue on your behalf, and present any relevant evidence to the judge
• Send a copy of the modified EOP to you, the alleged victim, the police that arrested you, and the local sheriff’s office

Depending on the county, some judges will modify an EOP without a hearing, as long as the necessary documents are present.

Speak with a Frisco Emergency Order of Protection Modification Attorney

Emergency protective orders can interfere with your ability to go to your own home and even see your own children. If you have had a protective order issued against you, speak with a Frisco, TX criminal defense attorney with Law Offices of Biederman & Burleson P.L.L.C.. We have experience and a proven track record of seeking justice for people like you and can help you protect your rights and get your side of the story heard. Contact us today for a free consultation at 469-333-3333.

Sources:

https://www.txcourts.gov/media/478291/chapter4.pdf

https://texaslawhelp.org/article/emergency-protective-orders