I have just been serve dwith a Motion to Vacate Protective Order. This Protective Order is nearly 1 1/2 years old (expires June, 2005)and the respondent has completed successully the BIPP program and is all paid up on the fees, court costs, etc. The applicant has executed an affidavit in support of the Motion.

My question is, do I have a duty to defend this protective order, or even to show up for the hearing on the motion? I do not really want to sign off on this, on the off chance that this woman ends up dead in a ditch at the hands of the respondent. If she wants it removed, however, I do not have any reason for trying to maintain the order over her objections.

My policy, and that of my predecessor, is that this office does not help get protective orders vacated once they are rendered. I just do not know if I have a duty to defend against such motions.

Any thoughts would be appreciated.

Much as I would not like to, I think I would oppose the motion. If your victim doesn't show, obviously you are likely to get poured out. However, in keeping with my policy on never agreeing to drop a PO, I would prefer not to give the impression that I agreed by default.

Don't know that I'd put a lot of time in on it, but would be there!

Thanks for the insight. That's what I thought, but I thought maybe someone would give me an out.

We have a similar policy to yours. That is, we will not assist in vacating a protective order. When an applicant finds that his/her true love has turned over a new leaf, as occasionally happens, and asks us to prepare the appropriate paperwork to expedite lawful reunification, we point them to the ample listings of private attorneys in the phone book. Section 82.002(d)(1) of the Family Code provides that a prosecuting attorney may file an application for the protection of a person alleged to be a victim of family violence. Moreover, section 81.007 contemplates county and district attorneys as the prosecuting attorneys "responsible for filing applications under this subtitle". Conspicuously absent from any of these provision is authority, much less a mandate, for a prosecuting attorney to file a motion under chapter 87. I suppose if an applicant really wanted to press the point and insist on your office filing the motion, you could: (1) point out that, in light of the foregoing analysis, your office's representation of the applicant ended upon the issuance of the protective order; or (2) file a motion to withdraw based on the policy of not seeking vacaturs of protective orders.