readytoscream
Member
modify/dismiss protective order? please help!!
What is the name of your state?Texas
Last Tuesday, my husband and I got in an argument. He has been getting violent the past year or so off and on for little or no reason. This has been getting progressively worse. Last week, I left before it could get that way and went and stayed with a friend. I stopped in a bar where she was at to make sure this was ok, and hubby came in 4 times in under 10 minutes yelling, harrassing, and threatening me. The last time, someone there called the cops. They did a civil standby so that I could get clothes for work the next day and told me I needed to file a protective order.
I did this, without realizing all the ramifications of it. My husband took himself back to counseling and is on meds again. (He was diagnosed as depressed and an anxiety problem 3 years ago.) The counselor has reaffirmed this diagnosis.
I contacted the County Attorney this morning about modifying the order before it became permanent (we are due in court at 9 a.m. tomorrow). The CA told me that he couldn't modify it unless I hired an attorney, filed for divorce, and included the "new" order in that. I asked why the Texas Statutes allow for it to be modified, and I was told that he went to law school, not me, and that I didn't know what I was talking about. Told me that if I didn't like the way it was written in the temporary to just not show up to court tomorrow. I am wary of our CA as he is known to play dirty, so I asked again for it to be modified. Again, I was told no, but that I could come into his office and sign a paper that would dismiss it. I tried doing that this afternoon, and when I got there, the CA was out of the office for the day, and hadn't left the required paperwork. His secretary told me that she had overheard the conversation this morning, but that he had told her that I had to come to court in the a.m. to get anything done.
I then went to the judge's office, and was told that in no way at all should i not show up to court, as the CA could still press on with it. I was also told that yes, there is paperwork that could have been left for me to sign. It was also said that the order can be modified before it is made permanent WITHOUT hiring a lawyer.
What is true in all of this? Can it be modified? If not, can it be dismissed?
HELP!!!!
What is the name of your state?Texas
Last Tuesday, my husband and I got in an argument. He has been getting violent the past year or so off and on for little or no reason. This has been getting progressively worse. Last week, I left before it could get that way and went and stayed with a friend. I stopped in a bar where she was at to make sure this was ok, and hubby came in 4 times in under 10 minutes yelling, harrassing, and threatening me. The last time, someone there called the cops. They did a civil standby so that I could get clothes for work the next day and told me I needed to file a protective order.
I did this, without realizing all the ramifications of it. My husband took himself back to counseling and is on meds again. (He was diagnosed as depressed and an anxiety problem 3 years ago.) The counselor has reaffirmed this diagnosis.
I contacted the County Attorney this morning about modifying the order before it became permanent (we are due in court at 9 a.m. tomorrow). The CA told me that he couldn't modify it unless I hired an attorney, filed for divorce, and included the "new" order in that. I asked why the Texas Statutes allow for it to be modified, and I was told that he went to law school, not me, and that I didn't know what I was talking about. Told me that if I didn't like the way it was written in the temporary to just not show up to court tomorrow. I am wary of our CA as he is known to play dirty, so I asked again for it to be modified. Again, I was told no, but that I could come into his office and sign a paper that would dismiss it. I tried doing that this afternoon, and when I got there, the CA was out of the office for the day, and hadn't left the required paperwork. His secretary told me that she had overheard the conversation this morning, but that he had told her that I had to come to court in the a.m. to get anything done.
I then went to the judge's office, and was told that in no way at all should i not show up to court, as the CA could still press on with it. I was also told that yes, there is paperwork that could have been left for me to sign. It was also said that the order can be modified before it is made permanent WITHOUT hiring a lawyer.
What is true in all of this? Can it be modified? If not, can it be dismissed?
HELP!!!!
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