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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 34996
Experience:  16 yrs. of experience including family law.
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How do I get an emergency protective order removed in Texa

Resolved Question:

How do I get an emergency protective order removed in Texas
Submitted: 8 years ago.
Category: Family Law
Expert:  P. Simmons replied 8 years ago.
Thanks for the chance to assist

When was the order issued? Have you already been given the chance to appear and state your position on this order?
Customer: replied 8 years ago.
The order was issued on Tuesday, September 1st. When the officer called to notify me of his release that evening, I asked about getting an emergency protective order. The officer spoke with the judge and told me it had been issued. This all happened via telephone. I have not been given any paperwork and have not been given a chance to state my position. I called the District Attorney's office in Dallas, but they were already closed. I need to know how soon I can get the Emergency Protective order removed.
Expert:  P. Simmons replied 8 years ago.

An emergency protective order is just that...only issued in an emergency. Shortly after its issue (typically within a week or two) the court that issued the order will hold a hearing to determine if the order should continue or not. You would be required to attend this hearing and present evidence of why the order is needed.

From your description, it sounds like the order is no longer needed. If that is the case, the court will terminate the order. You need to contact the court that issued the order (likely the local court) to find out when the hearing will be held. Likely next week or the following...depends on how busy the court is. Show up and tell the court the order is no longer needed.

ALSO, DO NOT VIOLATE THE ORDER in the meantime...that will land him in jail

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.

Customer: replied 8 years ago.
Thanks for the information.
1. If I do not attend the hearing, will the order automatically be dropped?
2. Do I have to wait until the hearing for this to be dropped? Can I get it dropped if I go to the District Attorney's office on Tuesday? I desperately need it dropped and cannot wait another week.
Expert:  P. Simmons replied 8 years ago.
1. Likely. But you should still attend to MAKE SURE.

2. Perhaps. but understand that the DA did not issue it...they had the court issue it. And while they were willing to press this quick for your safety...they will not likely be as willing to press this quickly for your convenience.   I would show up in person and be tactful and explain what is going on...they may be able to turn the around quickly

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