Protective orders are often issued in emotionally charged situations, but over time, the original terms may no longer be necessary or practical. Whether you and the protected person wish to resume contact or certain restrictions are creating undue hardship, modifying the order is the only legal way to adjust its terms. A motion to modify a protective order in Texas is the first step in requesting changes to an existing order when circumstances have changed.
At M|C Criminal Law, we understand how these cases work from both sides of the courtroom. Our experience as former prosecutors gives us the insight needed to build a strong case for modification. Reach out to explain your situation and let us find the most effective way to modify a protective order.
A modification of a protective order is a legal change to the terms of an existing order. Protective orders are meant to prevent contact between individuals in situations involving family violence, harassment, or threats. However, circumstances can change over time. You and the protected person may wish to resume contact or certain restrictions may no longer be necessary. In these cases, you must formally request a modification from the court.
It’s important to understand that even if both parties agree to communicate or reconcile, the protective order remains legally binding until a judge changes it. Violating the order before it is modified can lead to serious consequences, including misdemeanor or felony violation of a protective order charges.
That’s why it’s crucial to take the proper legal steps to request a modification rather than risk violating the order. A knowledgeable attorney can help guide you through the process and present a strong case before the court for modification.
If the terms of a protective order no longer reflect the reality of your situation, you can file a motion to modify a protective ordein in Texas. There are two main types of modifications: agreed modifications and contested modifications.
An agreed modification occurs when both parties – the person subject to the order and the protected person – consent to change its terms. This is common when both individuals want to resume contact or adjust restrictions that are no longer necessary. For example, if an order prohibits all communication but both parties now wish to co-parent their child, they may jointly request the court to modify the order to allow limited, supervised communication.
A contested modification happens when the protected person does not agree to the changes you are requesting. In this case, a hearing will be scheduled where both sides present their arguments, and a judge will decide whether to approve or deny the modification. For instance, if an order restricts you from visiting your own home, but you believe the restriction is no longer justified, you will need to present evidence showing that circumstances have changed and that modifying the order would not pose a risk.
Regardless of whether the modification is agreed upon or contested, the court will consider several factors, including the safety of the protected person and whether the requested changes serve the interests of justice. In both cases, hiring an attorney to represent you increases your chances of obtaining a favorable modification.
Filing a motion to modify a protective order in Texas requires careful legal strategy and a strong understanding of how the court evaluates these requests. Whether you and the protected person both want to adjust the order or you need to fight for a modification in a contested hearing, having an experienced defense attorney on your side is crucial.
At M|C Criminal Law, we bring a unique advantage to your case: before becoming defense attorneys, we served as prosecutors. This experience gives us insight into how the other side thinks, how they build their arguments, and what factors judges consider when deciding whether to grant a modification.
We know what evidence is persuasive, how to challenge opposing arguments, and how to present a compelling case that aligns with your legal rights. If your circumstances have changed and you need to modify a protective order, don’t take risks by handling the process alone. Mistakes can result in delays, denials, or even violations of an existing protective order.
Let our legal team guide you through every step, ensuring that your motion is properly filed and supported with strong legal arguments. Contact us today to discuss your situation and start the process of modifying your protective order the right way.
