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Once you are served with the Ex-Parte TRO, you may request a motion to modify or dissolve the TRO after giving your spouse 48-hour notice and seek attorney fees if the filing was false or frivolous.
If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to ?dissolve? (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing.
The attorney usually will follow these general steps: Meet with the alleged victim in the case; Obtain an affidavit of non-prosecution; Obtain a verified request to lift the protective order; Draft a motion to remove or modify the current order; Contact the correct prosecutor (city or county prosecutor);
There are different ways to check if there is a restraining order. In Texas, you can check online or by sending an e-mail to the law enforcement agency. You can also use a victim notification service through third parties if you are not the restrained party. In Texas, a restraining order is known as a protective order.
I was served with a Temporary Restraining Order. What should I do? Read the TRO carefully and obey it. ... Talk with a lawyer right away about your legal rights. ... Make plans to go to the hearing. ... If you need more time to hire a lawyer or more time to get ready for the hearing, you may be able to reschedule the hearing.