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Member |
I am growing increasingly frustrated with taking the time to get a protective order only to have the applicant come back in a few months wondering how she can have it dropped so the respondent does not get arrested when she is out with him and they are stopped by the police. Does anyone out there ever file a motion to enforce against a protected person who violates the protective order? I would like to try to back up what we tell these people when they first come in, that once they get a protective order, they can't get rid of it. | ||
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Member |
You know, if you don't watch what you say, the purple clipboards may come 'watch' your court. Keep them in Williamson County! | |||
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Member |
Our local practice is to tell those respondents that once the order is entered we will have nothing to do with getting it dropped. They will have to hire their own attorney for that; something they never do, of course. Then, when the guy gets arrested for violating that order, you can get in a few "I told you so's". I think we all feel your pain. Several years ago I prosecuted contempt proceedings against a protective order respondent who was invited to the petitioner's apartment for. Seems there was some reason why we weren't prosecuting the guy for violating the protective order. I can't recall. Anyway, I did get some satisfaction from seeing the oh-so-happy couple tearfully part ways as the sheriff's deputy hauled the guy to jail at the end of the hearing. | |||
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Member |
I rarely dismiss. I will modify a PO in these sort of cases but leave the part of the order "prohibiting... committing family violence against Applicant and the children of the parties" in the modified order. That way if he (she) does it again I send the file to the DA for a felony. I have also done modifications and left other provisions still active. I think it is a better way of recognizing the de facto situation. John Hutchison | |||
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Member |
Our PO judge has warned them that it is serious business to proceed, they will have to hire a private attorney to attempt to modify, and that in ten years he has only modified one. Good to hear; good to quote. | |||
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