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  #1  
Old 11-03-2008, 03:24 PM
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Emergency Protective Order

What is the name of your state (only U.S. law)? TX

My wife and I had an problem the other night, long story short, the police showed up, they then talked me into filing the EPO, they then took her to jail. The next day I actually found out what the EPO meant, and that is not what I wanted to do. My wife and I are scheduled to start marriage counseling next week and the order is in affect for 60 days. Can I withdraw this order if so what do I have to do?

Thanks in advance.
  #2  
Old 11-04-2008, 08:58 AM
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Maybe and maybe not. Are there criminal charges pending against your wife?
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Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #3  
Old 11-04-2008, 09:22 AM
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Quote:
Originally Posted by Ohiogal View Post
Maybe and maybe not. Are there criminal charges pending against your wife?
Meanwhile, don't allow your wife to violate the order.
  #4  
Old 11-04-2008, 10:21 AM
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I think she was charged with family violence.
  #5  
Old 11-04-2008, 11:42 AM
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Originally Posted by Rex20005 View Post
I think she was charged with family violence.
Then you will not be able to withdraw the order most likely because she has criminal charges pending -- usually with the criminal charges a restraining order is automatic.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #6  
Old 11-04-2008, 02:12 PM
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Quote:
Originally Posted by Ohiogal View Post
Then you will not be able to withdraw the order most likely because she has criminal charges pending -- usually with the criminal charges a restraining order is automatic.
Anyway to drop the Family Violence charge?
  #7  
Old 11-04-2008, 02:31 PM
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Quote:
Originally Posted by Rex20005 View Post
Anyway to drop the Family Violence charge?
Only the prosecutor can drop the charge.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #8  
Old 11-04-2008, 02:32 PM
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You have to talk to the prosecuter. It may be a few days before the case file from the police department reaches her/his office. And then it might take a few days for her/him to took at it.

You've got to provide some more details about what happened.
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