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MOTIONS TO VACATE POs

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/257098965/m/8167080516

December 02, 2015, 11:38
Lori J. Kaspar
MOTIONS TO VACATE POs
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 ยง87.001 may not alter the length of the PO. (See attached)

State's Response