QUESTION
How long the civil order of protection is in effect and can it be cancelled in the future if the case is dropped?
Asked on Sep 18th, 2012 on Criminal Law - Texas
More details to this question:
There was an argument that went into a fight. A knife was used as a threat but no one was injured. Police was called and he was locked up then released on bail.
9 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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I cannot tell if these are civil or criminal tros. Without that information I cannot give you a good answer.
Answered on Sep 28th, 2012 at 12:50 AM
Michael Paul Vollandt
If there was a criminal protective order it will remain in force until the end of the case.
Answered on Sep 21st, 2012 at 1:25 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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You'll have to read the court order to know the details like duration, nobody here can guess, other than that it is likely to be permanent and subject to modification by court order. To cancel would require a motion in court based upon good cause showing why it is not needed.
Answered on Sep 21st, 2012 at 1:25 PM
Usually for the duration of the case, and often longer if the defendant is convicted.
Answered on Sep 21st, 2012 at 1:23 PM
Leonard A. Kaanta
It states on the order the duration.
Answered on Sep 19th, 2012 at 12:39 PM
Thomas Edward Gates
The sentence will define the terms of the protective order, but normally it is one year. The protection order can be extended, on the other hand, you can petition the court to void the order for a valid reason.
Answered on Sep 19th, 2012 at 12:38 PM
The protection order probably has the date it expires on the face of it. If the order was granted as a probation matter it will continue to its full term or until the judge determines that you do not need it. If the case and the restraining order are dropped, and you still fear for your life, get a personal protection order from the circuit court.
Answered on Sep 19th, 2012 at 12:38 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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We cannot say without seeing the order.
Answered on Sep 19th, 2012 at 12:37 PM
Criminal Law Attorney serving Houston, TX
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The Law Office of Matthew D. Sharp
There are two types of protective orders in cases like this: 1. A magistrates order of emergency protection (or MOEP), which lasts for 60 days. In domestic violence cases these orders are commonly issued as a matter of course 2. A general protective order which is issued by a civil judge after a hearing. These last for two years, and you have to make an application first before the court can issue one.
Answered on Sep 19th, 2012 at 12:35 PM