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  1. #1
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    Aug 2015
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    Default 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
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    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
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    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
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    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.

  2. #2

    Default Re: Can a Application for an Order of Protection Be Cancelled Before Hearing

    Quote Quoting LexisLutor
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    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
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    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.

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