December 02, 2015, 11:38
Lori J. KasparMOTIONS 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)