After going through individual counseling and working on your marriage, things are looking up. You’ve each attended seminars, and both of you have committed to making things work. But there’s still a Protective Order in place, and it’s making you wonder, “Can I get a protective order removed after reconciling with my wife?”
The short answer is yes. While protective orders are serious legal measures that exist for good reason, the court understands that circumstances can change. If the parties involved have reconciled, and it has been more than a year since the filing of the original order, the court can remove or modify it. That said, canceling a protective order does not happen automatically just because things are currently going well. It requires taking some formal legal steps to rescind.
What Is a Protective Order?
Without getting too deep into the weeds, a protective order is a Court order that deals largely with domestic violence cases. For example, a protective order would likely come into play if there is reason to believe someone has been abused by their partner and is at risk of being abused again. It can also include dangerous actions such as the following:
- Causing or attempting to cause physical injury
- Harassment or stalking behavior
- Some other form of threat or abuse
Among other things, a protective order can prevent the other person from hurting, threatening, contacting you, or going near you, your children, your family, your pets, your home, where you work, or your children’s schools. It also prevents them from owning a firearm or a license to carry a firearm. The other person is subject to arrest for violating any of these orders.
Can a Protective Order Be Removed?
Protective orders are designed to last up to two years—sometimes longer if the court feels that is the correct course of action. However, modifying and even rescinding an existing protective order is possible.
To do so, the person who requested the protective order must request to have it removed. The court will closely examine your case to ensure it’s safe to remove or modify the order. You’ll need solid proof that the relationship is stable and secure before the court will consider making any changes. While the process might take some time, using the correct forms and presenting reliable evidence will help you move the process forward quickly.
It is also advisable to enlist the services of your trusted family law attorney to guide you through the process. Your family law attorney can ensure you have filled out the proper forms and can help you present your case.
Please Call Christman | Daniell Attorneys for Your Legal Needs Today!
Are you looking for family law services in Texas? Christman | Daniell is your premier choice with years of experience and a deep understanding of the legal landscape. Whether it’s divorce, child custody, or adoption, trust Christman | Daniell to provide compassionate and effective representation for all your family law needs throughout Tarrant County.
Please consult an attorney for advice about your situation. The material on this website and in this or any blog article we publish are for informational purposes only and do not constitute legal advice. The attorneys at Christman | Daniell Attorneys believe in tailoring legal advice and solutions to your circumstances.
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