Restraining orders are typically issued in cases involving
domestic violence disputes and cases in which the judge feels that it is necessary to protect
someone from another. These court orders are designed to prevent someone
from making contact with a specified person and must remain a certain
number of feet from the individual at all times, as well as prohibit any
type of contact.
Unfortunately, there are many situations where an innocent person receives
a restraining order. Some orders are taken out in order to manipulate
a specific situation, typically involving a romantic partner wanting to
end a relationship or gain custody of children.
If a person is subject to a restraining order and violates it, he or she
can face severe penalties. In Texas, a conviction of violating a protective
order is a Class A misdemeanor, which is punishable by a maximum county
jail sentence of one year and a fine of up to $4,000. However, if a person
has two or more previous conviction becomes a third-degree felony, punishable
by a prison sentence between two and ten years.
Lifting the Restraining Order
In most cases, either the victim or the defendant can ask the court to
lift the restraining order. This is often completed by filing a motion
with the court, such as Motion to Life Restraining Order or Motion to
Modify Conditions of Pretrial Release.
If the victim agrees with the lifting, the motion would also state the
- The fact that the victim wishes to lift the motion
- The victim and defendant wish to communicate with one another
- The victim voluntarily makes the request
- The victim is not afraid of the defendant and does not anticipate violence
There will be a hearing after the motion is filed and a judge will determine
whether or not to lift or change the order.
For more information,
contact our Plano criminal defense attorney at
The Law Offices of Scott Edgett today.