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    jramirez08's Avatar
    jramirez08 Posts: 1, Reputation: 1
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    #1

    Apr 14, 2014, 09:46 AM
    Can a restraining order override my protective order in Texas?
    I was granted a protective order a few months ago in Texas for family violence against my husband. Now he has gotten a lawyer and I was served with a temp restraining order against me claiming to be unfit and is asking for full custody of my children. I already have full custody of them and now I am wondering if my protective order can be thrown out?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Apr 14, 2014, 10:10 AM
    Sure, it is possible. You really need your own lawyer for this one.
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #3

    Apr 14, 2014, 10:11 AM
    Do you have a lawyer? Generally if one party has a lawyer and one doesn't... the one with the lawyer wins. However, as of right now you still have custody right? A judge hasn't transferred custody to the father? Your order of protection still stands. He now has a restraining order so that you have to stay away from him. That shouldn't be a problem because I'm guessing that you already were. He and his lawyer can request anything they want from you. The judge is the one that makes the decision.

    So, do you have a court date that the judge is supposed to look at the custody issue? If not, use this time to bring your papers to your lawyer (or call a few and get consultations if you don't have one). If they already have a court date that you need to show up to... make sure you do! With or without a lawyer don't miss a court date.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Apr 14, 2014, 10:15 AM
    Keep in mind: your protective order is not the same as a custody order. They are two entirely different issues, so it's not a matter of "overriding", or "throwing out" your protective order. If he were to be granted custody, the protective order would still (in theory) protect you, and your children (when they are with you).

    I say "in theory". A judge before whom I used to practice was fond of saying "Whether or not you have a protective order, remember that, if the person who is ordered to stay away from you chooses to violate the order, you can still end up just as dead or injured as though there were no such order."
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Apr 14, 2014, 01:43 PM
    A protective order and a restraining order are very similar. They both require that one person not have contact with another. The main difference is a protective order protects one from contact, the restraining order inhibits someone from doing something.

    Your husband's attorney is just playing tactics. The real issue is custody. So I wouldn't worry about the other stuff. You need to be able to show you arer not unfit and that his propensity towards violence is not safe for the children.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Apr 14, 2014, 04:35 PM
    Both orders, keep you from contract with the other. Except in court (of course)

    This will be the first step in him trying to get temp custody of the children. And perhaps a change in the Custody order.

    Filing a protective order or restraining order, against each other, is common legal motives, A way to try to make you back down often.

    If you do not have one. NOW you need an attorney
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