This form is a Motion to Clarify and/or Reconsider and for a Protective Order. Defendant requests that the court clarify its order and reconsider the order. The defendant also requests a protective order against plaintiff's demand for discovery. The defendant respectfully submits a request for a hearing on the motion at the court's earliest opportunity.
Dallas Texas Motion to Clarify and / or Reconsider and for Protective order
State:
Multi-State
County:
Dallas
Control #:
US-MOT-01428
Format:
Word;
Rich Text
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How to fill out Motion To Clarify And / Or Reconsider And For Protective Order?
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FAQ
Facing criminal charges of any kind in Texas can be overwhelming, so you must contact a trusted defense attorney right away to discuss your options. If an EPO has been issued against you, your attorney will help determine the best course of action to have this order removed.
Proof of Service must be filed with the court before your hearing date in order to get a protective order if the respondent does not show up. Bring any evidence you have, like photographs, medical records, or torn clothing. Also bring witnesses who know about the violence, like a neighbor, relative, or police.
Motion to Dismiss Protective Order in Texas The person restrained by a permanent protective order cannot try to discontinue the permanent order in Texas until it has been in effect for a year. One year after it goes into effect, the restrained person has the right to file a motion to dismiss or discontinue the order.
In Texas, protective orders are typically issued when you've been a victim of violence, stalking, or sexual abuse. On the other hand, restraining orders are generally not associated with criminal cases, and are almost always linked to civil case proceedings.
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.
A conviction for violating a protective order is a Class A misdemeanor, punishable by up to one year in a county jail and/or a fine of up to $4,000. However, if you have two or more previous convictions, it becomes a third-degree felony, carrying a possible 2 to 10 year prison sentence.
Penalties for Violating a Protective Order in Texas If the subject of the protective order was a victim of sexual abuse, indecency with a child, sexual assault, indecent assault, or stalking, violating a protective order may be a State Jail Felony.
The State Bar of Texas may also be able to refer you to a lawyer if you call 800-252-9690. What is a Protective Order? It is a court order that protects you from someone who has been violent or threatened to be violent. Violence can include sexual assault.