What You Need to Know About Terminating a Restraining Order in Texas
Restraining orders are issued in cases in which a judge deems it to be necessary in order to protect someone, however, it is possible for the protected party to seek modification or removal of the restraining order if they see fit. Here’s how to terminate a restraining order in Texas.
In order to terminate or modify a restraining order in Texas, an individual has to file a request to modify or terminate the restraining order. Both the protected party and the restrained party are able to file a request to modify or terminate the order in Texas.
What is a Restraining Order?
A restraining order is an order issued by a court that is used to prevent a person from causing harm to someone else. Typically, the order identifies a particular individual and gives them detailed instructions either to do or to not do a specific act. For example, a restraining order may be issued to instruct a former spouse to stay away from their ex-spouse.
Although restraining orders are usually used to prevent physical harm from occurring, they can also be granted in situations where a person needs protection from emotional or economic harm.
Restraining orders are most common in cases involving family law issues, such as domestic violence, harassment, stalking, or sexual assault.
Related: How to Get a Restraining Order in Texas
Can a Restraining Order Be Lifted, Dropped, or Removed?
In some cases, there may be instances when a restraining order can be lifted, dropped, or removed. However, the party requesting the lift or removal will need to follow a particular procedure to ensure that they are not in violation of the restraining order.
Since restraining orders are put in place by a court, they must be removed through a court process before a person is able to re-initiate contact without being in violation of the terms of the order.
Most restraining orders will provide a certain time limit. Once that time limit passes, the restraining order may expire if a party does not renew or ask for an extension of the order. If the restraining order does not have a time limit or a party wishes to remove the order before the time limit is up, then they will need to file a motion with the court.
How to Remove a Restraining Order in Texas
Either the protected party or the restrained party can ask the court to lift the restraining order. This is completed by filing a motion with the court, such as a Motion to Modify Conditions of Pretrial Release or a Motion to Lift Restraining Order. This legal motion must identify the parties.
If the protected party agrees with lifting the order, the motion would state the following:
- The fact that the protected party wishes to lift the motion
- The protected and restrained parties wish to have contact
- The protected party voluntarily makes the request
- The protected party is not afraid of the defendant and does not anticipate violence.
Additionally, the type of contact that the parties wish to resume may also be specified in the motion.
Normally, there will be a hearing after the motion is filed and a judge will determine whether or not to lift or change the order. Both parties are usually present at the hearing and may present testimony.
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