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Violation of an Order of Protection Violating an order of protection is a Class A misdemeanor, and the abuser could go to jail for up to 364 days and pay a $25 fine. A second violation of an order of protection (or a violation after conviction of a serious crime against a family or household member) can be a felony.
You can go to court and file a Motion to Modify or a Motion to Terminate your Order of Protection. A Motion to Modify will change the order. A Motion to Terminate will end the order. The clerk will set a court date, and you will have to mail a copy of the motion to the abuser.
How to Drop an Emergency Protective Order In Texas 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);
After gathering the necessary evidence, you will need to file a motion to dismiss with the court. The motion should clearly state the grounds for dismissal and provide a detailed explanation of why the protection order should be dismissed.
If the full hearing has already been held and a permanent CPO has been issued, you must file a Motion to Dismiss. You may file a Motion to Dismiss by contacting the attorney of your choice or you may file pro-se. Contact the Domestic Violence Coordinator at (937) 562-6236 for further details.