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I don't understand my an attorney would not try to get an…

Customer Question
I don't understand my...

I don't understand my an attorney would not try to get an emergency protective order vacated or modified if the complaining witness wants it lifted. I understand that a judge might not approve it but I would think the attorney would give it the old college try especially at what this attorney charges.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Texas

Lawyer's Assistant: Has anything been filed or reported?

What do you mean?

Lawyer's Assistant: What confuses you?

This EPO is the result of a domestic violence case Is that what you mean? It was ordered by the Magistrate Criminal Court Judge

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I thought you were the lawyer

Submitted: 8 months ago.Category: Family Law
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Customer reply replied 8 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 8 months ago
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Answered in 13 minutes by:
9/7/2017
Family Lawyer: socrateaser, Lawyer replied 8 months ago
socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 39,883
Experience: Retired
Verified

Hello,

I don't participate in the Justanswer phone call option. If you request a call, another contributor will likely accept in my place.

What you describe is not just unusual -- it may be malpractice on the attorney's part. If this is a civil domestic violence protective order, brought by a party, rather than by the county prosecutor, then the order is entirely subject to being terminated based upon "changed circumstances." The complaining witness' desire to lift the order is changed circumstances -- but, only if there is no coercion or proof of actual abuse (other than the complaining party's allegations).

It's entirely routine for the complaining party and the defendant to stipulate to termination of the protective order, and the court cannot refuse to terminate, if the stipulation is requested in writing, signed by both parties or made orally in open court.

Assuming the facts are as I describe above, you can "instruct" your lawyer to obtain a stipulation from the complaining party, and if the lawyer refuses, you can complain to the Texas State Bar, because the attorney works for you -- not the other way around.

Note: If this is a true "criminal" protective order -- brought by the county prosecutor after an arrest or citation against you for a criminal sexual assault or battery -- then the rules are entirely different. In such a case, your attorney cannot independently obtain a stipulation for a dismissal, because the complaining party cannot independently terminate the protective order. Only the county prosecutor can do that, and it must be done with the court's consent, after a determination is made that there is no "probable cause" that a criminal offense was committed.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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Family Lawyer: socrateaser, Lawyer replied 8 months ago

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

Thanks again for using Justanswer!

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socrateaser
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Category: Family Law
Satisfied Customers: 39,883
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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