Asked 3/11/2016 – Houston, TX

If someone is charged with felony injury to a child sbi level F1, (something about they have it as an assault, or reckless or something like that) and the judge issued a Protective Order, is there anyway our lawyer could possibly get the protective order dropped? Because the person being wrongfully accused can’t even be around me and I’m 25 years old. Could that also be because the child is in my care? (I’m the mother) just curious, since the lawyer takes about a week and a half if not longer to return phone calls.

Answer

It is possible to have the protective order vacated, but you will have to go to the Judge who issued the order; this is probably not the Judge where the criminal case is pending. If it was issued on your behalf, you must be the one who approaches the Judge, not the defendant. You might need to talk with a local attorney to help you with this matter.