I just successfully defeated two motions to vacate protective orders that were filed before the one year statutory period.
One order was disguised as a motion to modify - however, the attorney was pleading to "modify" the ending date. (In other words, it was actually a motion to vacate disguised as a motion to modify.)
I filed responses to the motions in both cases arguing that the court had no jurisdiction to hear a motion to vacate before one year and that a "modification" under §87.001 may not alter the length of the PO. (See attached)
STATE'S_RESPONSE_TO_MOTION_TO_VACATE_PO.docx (19 Kb, 15 downloads) State's Response
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