• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Lifting a restraining order

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

zzSuezz

Junior Member
What is the name of your state (only U.S. law)? Texas

In November 2010 a Magistrate restraing order was placed against my husband against my wishes. It was supposed to only be for 61 days. In January 2011 the judge extended it to last 2 years. She and the DA's office absolutely refuse to talk to me or hear my side, but claim it to be in my best interest. My husband and I have been together for 18 years. How can they possibly know what my best interests are? I need to know how to have the order removed. He is now at SATF-Peden, and I would like to be an active part of his recovery. If he has to return to where he was living for the past 6 months, he will relapse. There are addicts living there. :confused::confused:
I love my husband dearly and have forgiven him for his acts on the night this happened because I know he is genuinely sorry. I have been more vitimized by the so called judicial system than I ever was by my husband. Can someone point me in the right direction?What is the name of your state (only U.S. law)?
 


CavemanLawyer

Senior Member
What you are describing is not a restraining order it is a protective order. I don't know the underlying facts about why it was issued and then extended, but I have to believe there is some good cause for it. The reason I say this is because the emergency PO (61 day) can be issued just based on an arrest for family violence, but it takes effort and evidence to get a one or two year PO issued, and they got the full two year PO (max) which is not issued lightly. Your husband is also in SAFP meaning whatever is going on between you two, he was convicted of his felony charge.

With that said, there isn't much that YOU can do because the order is against him and him alone. He is going to be in SAFP for a while. He could easily be there one year or more and after that he will be in lock down residential treatment, and from there outpatient. The SAFP process could very well last longer than your protective order. In any case, once he is even in a position to be around you he would need to get an attorney and petition the court to absolve the PO. You could certainly be a witness for him to say that you do not feel threatened. But short of that the ball is in his court and he is not going to be in a position to do anything for quite some time.
 
Last edited:

CavemanLawyer

Senior Member
Oops, sorry I thought you wrote SAFP. The SATF program I believe is not as long or intensive as SAFP. I'm also not sure if it requires a felony conviction so I may have misspoken about that. But otherwise the answer is the same that your husband needs to sit out his time, follow his treatment, and then he can try to remove the PO with your support.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top