I beg your honor to please consider my sincere plea to remove the no contact order. You are the one who has the ability to give us, as a family, a second opportunity.
Stick to the facts, and provide concrete reasons why the order should be modified or terminated. For example, if you and the other party have a child together, you could state that you need the no-contact order dropped so you can communicate regarding the child's needs and arrange for visitation.
The burden of proof is on the protected party to prove to the court by a preponderance of the evidence that there is a reasonable apprehension of future abuse.
A significant change in circumstances, such as improved behavior, completion of anger management or counseling programs, or evidence that the risk of violence has diminished, may provide grounds for seeking the dismissal of a restraining order.
Using the facts of the incident only, keep your statement brief and to the point. Briefly describe the most recent incident of abuse and/or threats of abuse or other behaviors. Focus on the actual behavior. Do not include prior incidents, (that will be the next paragraph).
Lack of Jurisdiction The respondent can argue that the court does not have jurisdiction to issue a restraining order. This defense can be raised, for instance, if the alleged incidents of domestic violence or harassment did not occur within the jurisdiction of the court.
If the judge decides that there was abuse and that there is also a credible threat to the plaintiff's safety, a final order of protection will be granted and will last for up to one year.
In the Texas Family Code, a restraining order is defined as an official court document that orders the abuser to avoid contact with the victim or risk facing legal consequences, such as contempt of court. The purpose is to protect victims from further abuse.
They require alleged abusers to cease all violence or threats of violence against the victim. Abusers must also respect boundary distances defined in the protective order (e.g., at least 500 feet away from the victim's location) and avoid committing any form of harassment.
You can get a Protective Order if: • Someone has hurt you or threatened to hurt you, and • Either you, your spouse or dating partner has a close relationship with the person who hurt you (close relationships include: marriage, close relatives, dating or living together, have a child together.)