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Hey everyone!

In October 2004 I successfully litigated a protective order in District Court. The judge signed a PO that was to expire in October 2005. He also ordered the applicant, respondent and their child to family counseling. He set the case for a "status review" hearing today.

Well, as luck would have it the counselor (and I use the term loosely) testified that even though respondent committed an assault, and he has an anger problem, he does not have an "anger management" problem. She told the judge the applicant had coached the child to lie about his father. I was able to get the counselor to back off her statements a little bit but the damage was done. The district judge did not listen to any other witnesses.

After the testimony, the judge ordered the PO dissolved. He did this on his own motion and over applicant's objection. As I read the Texas Family Code 85.025 the judge cannot dissolve a PO after only 3 months or on his own motion.

Am I missing something? Tell me what y'all think.
Posts: 64 | Location: Johnson County, Texas | Registered: May 06, 2004Reply With QuoteReport This Post
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A judge can get away with whatever he is allowed to get away with.

I agree that the actions you describe appear to have been inappropriate. If you want to appeal, you probably can. Next question is - what will you accomplish?

If your victim doesn't want to go that route, I would grit my teeth and pick my battles....... Mad
Posts: 736 | Location: Sweetwater TX | Registered: January 30, 2001Reply With QuoteReport This Post
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