Can Texas restraining orders be modified?

On Behalf of | Jan 16, 2015 | Domestic Violence

When a restraining order is put in place in order to provide protection to a domestic violence victim, what specific protections the order gives to the victim depends on the terms in the order. Now, it is possible that a change of circumstances may make it so, after a restraining order is put in place, the victim is facing a risk or concern in relation to their abuser that the order doesn’t provide protections for. One option a Texas domestic violence victim may have in such a situation is to ask for the restraining order to be changed so that it will contain protections regarding the risk/concern.

Texas law allows courts to hear motions for a modification of a restraining order and allows courts to make certain changes to an order in response to such a motion, such as adding a new term to the order. Notice must be given and a hearing must be held before a court can make such a modification.   

One thing to note in regards to modification is that, while state law gives courts a fair amount of latitude when it comes to adding terms to or taking terms out of a restraining order, it puts some pretty strict limitations on the ability of courts to extend the time length of such an order.  

If a domestic violence victim is concerned that a restraining order that is in place is not providing them with as much protection as they need, they may want to have an experienced domestic abuse attorney look over the terms of the order. Such an attorney can help them determine if there are any terms they may want to request be added to the order and can assist them with the process of making a motion for a restraining order modification.