How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 39187
Experience:  Retired (mostly)
10097515
Type Your Family Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

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

Customer Question

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.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: What do you mean?
JA: What confuses you?
Customer: This EPO is the result of a domestic violence case Is that what you mean? It was ordered by the Magistrate Criminal Court Judge
JA: Anything else you want the lawyer to know before I connect you?
Customer: No I thought you were the lawyer
Submitted: 1 month ago.
Category: Family Law
Customer: replied 1 month 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: replied 1 month ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  socrateaser replied 1 month ago.

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.

Thanks again for using Justanswer!

Expert:  socrateaser replied 1 month 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!