How Do I Remove This Protective Order?

One of the most common things that judges do in an assault case involving a family member is to order a no contact between the person accused of the crime and the alleged victim in the case especially if the victim requests one.. In serious felony cases like aggravated assault or a felony case involving choking the judge will order a protective order without consulting the victim. Additionally, if a person is being charged with a domestic violence case for the second time judges tend to lean towards making the no contact part of the person's bond conditions permanently. A protective order or no contact order causes a lot of strain on a relationship. Typically, when cooler heads have prevailed the parties involved realize that they want to unite and want to stop living separate lives, but fear that if they do the person will be in violation of the judge's orders. As you may imagine violating a judge's order could result in a person returning to jail even if they are innocent of the original crime.

Once a couple makes up their mind that they want the protective order removed they must convince the judge that there is no immediate danger if removed. Even then most judges are reluctant to rescind the order without reviewing the surrounding circumstances carefully. Some judges never terminate the no contact order. Others like Harris Criminal County Court at Law #2, Judge William Harmon require the person requesting the protective order to be lifted to meet with a counselor or case worker within the Harris County District Attorney's Office before entertaining the idea of removing the order. If the person still wants the protective order removed after speaking with the case worker Judge Harmon will rescind the order.