ExpertLaw.com Forums

Can a Application for an Order of Protection Be Canceled Before the Hearing

Printable View

  • 05-22-2017, 03:14 PM
    OutOfLuckInTX
    Can a Application for an Order of Protection Be Canceled Before the Hearing
    My question involves restraining orders in the State of: Texas

    I petitioned for divorce and my spouse filed a counterclaim along with temporary orders and an application for an order of protection.

    As of this moment I have NOT been served and we HAVE been in frequent contact since I filed my petition. The only reason I know about the PO is cause I check the county site daily for updates on our case.

    We do still see each other and truthfully she does NOT want a divorce and has asked me to cancel the divorce several times but I feel it's in the best interest for both of us to divorce and move on. I've been asking for a divorce for over a year now but she gets hysterical every time I mentioned it and since we have a young child I did want to be more involved before I split.

    She said that while she knew about the counter claim and temp orders she really didn't know about the PO and that is wasn't explained to her by her attorney because she had no clue that we would not be able to see each other for 2 years and have to exchange the child at a police station.

    It makes less sense because we still go out weekly with the child because the child is taking the split hard and we both think the child needs both of us.

    She said she's gonna talk to her lawyer about it and try and get it dropped.

    My question is can she get them dropped if the order hasn't been granted and the hearing is still weeks away?

    I have proof that she still seeks me out and we spend time together with the child. Can this be used in case I do have to go to the hearing?

    I think she's trying to blackmail me into dropping the divorce because she told me she can cancel everything anytime and said she would of I drop my case.
  • 05-22-2017, 04:09 PM
    LexisLutor
    Re: Can a Application for an Order of Protection Be Cancelled Before Hearing
    I'm assuming that by Order of Protection you mean one in the sense of "Personal Protection Order" or "no-contact" order. Depending on what the temporary orders entail, you might be found in violation thereof (assuming they are granted) if you have any contact with her. At least in Michigan, PPOs are valid from the instant the judge signs them.

    Quote:

    Quoting OutOfLuckInTX
    View Post
    My question is can she get them dropped if the order hasn't been granted and the hearing is still weeks away?

    Yes, the petition for an order of protection (or the order itself, if granted) can be dropped anytime.

    Quote:

    Quoting OutOfLuckInTX
    View Post
    I have proof that she still seeks me out and we spend time together with the child. Can this be used in case I do have to go to the hearing?

    Yes. In fact, that would conclusively debunk your wife's petition for a PO. Be sure to file that evidence with your opposition before the hearing, in case you need to appeal. Protection Orders are devised to prevent a risk of imminent harm. Since your wife keeps approaching you, it is clear that she doesn't really consider you to be a threat to her safety.

    Quote:

    Quoting OutOfLuckInTX
    View Post
    I think she's trying to blackmail me into dropping the divorce because she told me she can cancel everything anytime and said she would of I drop my case.

    Indeed, she is extorting you. She needs to drop her petition for Protection Order immediately and regardless of your decision to divorce. She is incurring abuse of process and might be sanctioned by the court. She is using the Protection Order as an improper tactic to influence you to change your mind. I don't know Texas statutes, but in other jurisdictions the petitioner for a PO has to swear to the truth of the allegations in his/her petition for a PPO, and the petitioner who makes intentionally makes false representations may be subject to the contempt powers of the court.

    If she really didn't request her attorney for an application for protection order and didn't indicate a need for it, then her attorney is incurring legal malpractice.
  • 05-22-2017, 05:21 PM
    OutOfLuckInTX
    Re: Can a Application for an Order of Protection Be Cancelled Before Hearing
    Quote:

    Quoting LexisLutor
    View Post
    I'm assuming that by Order of Protection you mean one in the sense of "Personal Protection Order" or "no-contact" order. Depending on what the temporary orders entail, you might be found in violation thereof (assuming they are granted) if you have any contact with her. At least in Michigan, PPOs are valid from the instant the judge signs them.


    I don't know the specifics on the Protective Order since I haven't been served or received any kind of notice. All I know is that on the county website is shows as "APPLICATION FOR PROTECTIVE ORDER" and above it it has a date and time for the hearing which is almost a month away from the time it was entered. She didn't respond to my petition until like almost 3 weeks later. I think in Texas the judge can issue an ex-parte order if he or she believes that there is a "clear and present danger" at the time the application is filed.


    Quote:

    Quoting LexisLutor
    View Post
    Yes. In fact, that would conclusively debunk your wife's petition for a PO. Be sure to file that evidence with your opposition before the hearing, in case you need to appeal. Protection Orders are devised to prevent a risk of imminent harm. Since your wife keeps approaching you, it is clear that she doesn't really consider you to be a threat to her safety.

    She is straight up lying to everyone, including her attorney, that she hasn't been seeing me. When we go out she is a little cautious about being on recordings or photos/videos. I told her she just needs to be real with her attorney and tell her the truth. She already got caught up in a lie right before I filed my petition (different story) and now she's going to get caught up in another lie.


    Quote:

    Quoting LexisLutor
    View Post
    Indeed, she is extorting you. She needs to drop her petition for Protection Order immediately and regardless of your decision to divorce. She is incurring abuse of process and might be sanctioned by the court. She is using the Protection Order as an improper tactic to influence you to change your mind. I don't know Texas statutes, but in other jurisdictions the petitioner for a PO has to swear to the truth of the allegations in his/her petition for a PPO, and the petitioner who makes intentionally makes false representations may be subject to the contempt powers of the court.


    If she really didn't request her attorney for an application for protection order and didn't indicate a need for it, then her attorney is incurring legal malpractice.

    I'll give her the benefit of the doubt here. I really don't want to demean her or say anything negative about her because it'll just speak volumes about me since I married her but she is not very intelligent, which is one of the reasons I wanted a divorce, but I honestly think she was just confused or didn't know what exactly her lawyer was going to do and what it meant. Like I previously said, we are in close contact. When she saw her lawyer she told me ahead of time what to expect. She said she her lawyer filed a counterclaim and will ask for child support, spousal support, and would ask for the house (separate property under Texas law that belongs to me). I was mostly in agreement except for the spousal support (which is hard to get in Texas) and said I would gladly give her child support and the house. She also told me that her lawyer will also file a Temporary Restraining Order (TRO) but it would only last until the divorce is over, at which it just expires and ceases to exist. In Texas there is a BIG difference between a TRO and a PO. A TRO is similar to a PO but it protects the assets and property and makes us "behave" towards one another until the divorce is final. A PO is for when she is literally in fear of her life or our child life which is complete BS. It's even more ridiculous because this weekend when we went out she told me to take the child to get a snow cone at the park we were at but told me to leave my phone.
  • 05-23-2017, 08:39 AM
    qwaspolk69
    Re: Can a Application for an Order of Protection Be Canceled Before the Hearing
    Quote:

    Quoting OutOfLuckInTX
    View Post
    My question involves restraining orders in the State of: Texas

    I petitioned for divorce and my spouse filed a counterclaim along with temporary orders and an application for an order of protection.

    As of this moment I have NOT been served and we HAVE been in frequent contact since I filed my petition. The only reason I know about the PO is cause I check the county site daily for updates on our case.

    We do still see each other and truthfully she does NOT want a divorce and has asked me to cancel the divorce several times but I feel it's in the best interest for both of us to divorce and move on. I've been asking for a divorce for over a year now but she gets hysterical every time I mentioned it and since we have a young child I did want to be more involved before I split.

    She said that while she knew about the counter claim and temp orders she really didn't know about the PO and that is wasn't explained to her by her attorney because she had no clue that we would not be able to see each other for 2 years and have to exchange the child at a police station.

    It makes less sense because we still go out weekly with the child because the child is taking the split hard and we both think the child needs both of us.

    She said she's gonna talk to her lawyer about it and try and get it dropped.

    My question is can she get them dropped if the order hasn't been granted and the hearing is still weeks away?

    I have proof that she still seeks me out and we spend time together with the child. Can this be used in case I do have to go to the hearing?

    I think she's trying to blackmail me into dropping the divorce because she told me she can cancel everything anytime and said she would of I drop my case.

    Right before I filed for divorce I filed a protection order. Mainly to get him out of my apartment which he did before he got served anyway. Actually he didn't get served. So when I did file and had our first court date like a month later (which he didn't show for any of them) I had my lawyer ask the judge if he could rescind the order. He hadn't been served (I don't know why he was at his dad's the whole time and they had the address) and I know he wasn't coming anywhere near me or my daughter because he doesn't put effort into anything except finding drugs.

    The judge at my divorce hearing was the judge who issued the order so he rescinded it. She just needs to have her lawyer bring it up at court. If you haven't been served yet then you're not violating anything. You might not get served. But she has to have her lawyer ask the judge to rescind it. But I don't think you can get it dropped until then unless her lawyer can get in contact with the judge before the hearing.

    Texas protective orders: http://www.womenslaw.org/laws_state_...&open_id=11140

    If it doesn't get dismissed before the hearing then go to the hearing and yes you can tell the judge "Look we spend time together. I never got served. She doesn't even really want it." You can show there's no danger and she seeks you out.

    How is she blackmailing you? You didn't do anything wrong. Let her tell you that crap - you have the chance to go in front of the judge and get that order dismissed. You don't need her to do it.
  • 05-23-2017, 10:20 AM
    OutOfLuckInTX
    Re: Can a Application for an Order of Protection Be Canceled Before the Hearing
    Quote:

    Quoting qwaspolk69
    View Post
    Right before I filed for divorce I filed a protection order. Mainly to get him out of my apartment which he did before he got served anyway. Actually he didn't get served. So when I did file and had our first court date like a month later (which he didn't show for any of them) I had my lawyer ask the judge if he could rescind the order. He hadn't been served (I don't know why he was at his dad's the whole time and they had the address) and I know he wasn't coming anywhere near me or my daughter because he doesn't put effort into anything except finding drugs.

    The judge at my divorce hearing was the judge who issued the order so he rescinded it. She just needs to have her lawyer bring it up at court. If you haven't been served yet then you're not violating anything. You might not get served. But she has to have her lawyer ask the judge to rescind it. But I don't think you can get it dropped until then unless her lawyer can get in contact with the judge before the hearing.

    Texas protective orders: http://www.womenslaw.org/laws_state_...&open_id=11140

    If it doesn't get dismissed before the hearing then go to the hearing and yes you can tell the judge "Look we spend time together. I never got served. She doesn't even really want it." You can show there's no danger and she seeks you out.

    How is she blackmailing you? You didn't do anything wrong. Let her tell you that crap - you have the chance to go in front of the judge and get that order dismissed. You don't need her to do it.

    Thanks for your reply.

    I honestly don't want it to have get to the hearing to have it dismissed because if it does than I have to submit my evidence that she has been lying about not seeing me before the hearing and it'll make things worse I think (between me and spouse since things have been going pretty good considering the circumstances) and even then the judge may not even care about such evidence.

    The reason I think she's blackmailing me is because she told me she can drop "everything" whenever she wants and she would if I drop my divorce. I'm not a piece of shit but I'm not exactly an angel either. I'm a very involved parent but there just isn't any connection between me and my spouse anymore which is what depresses her. If I came home from work and gave my child a hug and kiss she would breakdown because I wouldn't give her (my spouse) a hug and kiss. My child needs both parents but doesn't need to be around this sort of negativity, seeing a complete breakdown over a hug and kiss. Despite all this she still does not want a divorce. To make matters worse i just found out she stopped taking my child to speech therapy and missed my childs dr appointment last week.

    It doesn't matter if I didn't do anything wrong. She just has to say I did and it over.

    I think I may give her what she wants and drop the divorce and be miserable just to be sure my child is getting needs met.
All times are GMT -7. The time now is 04:54 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved