Protective orders are designed to keep victims safe from their abusers, but they do not always provide the appropriate amount of support for your situation. Some orders may not offer enough protection, while others may be overly restrictive.
Eventually, a protective order may need to be modified in a way that is in the best interest of both parties. Fortunately, you can take action to legally adjust the original order. Learn more about a motion to modify protective order Texas residents can use to their advantage.
How a Protective Order Works in Texas
Let’s start at the beginning to capture the original intent of a protective order, as outlined in the Texas Family Code.
A protective order is an order from the court that is meant to protect someone from some type of mistreatment from an abuser. Anyone who has been a victim of violence by their spouse has the ability to possess a protective order.
When you obtained a protective order, you were required to establish that some form of violence had occurred and that it was likely to happen again. Now that some time has passed, you can pursue a modification to strengthen the protections on your behalf.
How to Modify a Protective Order in Texas
After a protective order has been issued, both parties have the legal right to request changes. Once a motion to modify the original order has been filed, there will be a notice and hearing scheduled.
During the hearing, the court can decide to include or exclude specific items. The reasons for their decision can vary, but it’s usually based on two things:
- The original order is not strong enough to keep the victim safe.
- The original order is too restrictive against the alleged abuser.
The modification process for a protective order in Texas is similar to what’s needed to issue one. Both parties will have to appear in court and present their case. During this time, you have the opportunity to introduce new allegations or defenses to support your argument in the case.
After the testimonies have been presented and the evidence has been reviewed, the judge will decide if there’s a reason to modify the order. Judges can decide to reissue the original order with new requirements, keep the original order intact, or issue a more permanent protective order.
At the end of the day, modifying an existing protective order works just like other family law matters that require a court hearing, a judge’s decision, and a ruling on the case.
Motion to Modify Protective Order Texas: Find Legal Support
The process of modifying a protective order in Texas can be very complicated. It can also be very emotional if you are forced to be in the same room as your abuser.
At Parker & Aguilar, our family law attorneys help victims of domestic violence navigate the legal matter with care and compassion. We will work hard to provide you with expert legal support as you pursue a modification of the original order.
We currently support individuals in Fort Bend County, Brazoria County, Galveston County, and Matagorda County. If you live in one of these counties, contact our offices to discuss your need to modify a protective order.
You can reach us at 979-267-7660 (Angleton office) or 281-944-5485 (Sugar Land office) to speak with a local attorney who is ready to go to work for you. Let’s discuss the steps to file a motion to modify protective order Texas residents need to complete.