Legal Question in Criminal Law in Texas

Order of protection denied

My life was threatened by wife, I filed report. Same day she file order of protection in retaliation. I told judge I was 150 miles away and there was no need because I had no desire to be with my wife if she was not going to reconcile and seek counseling. After testimony and cross examination my wife's burden was not satisfied. The order was thereby denied. I am now being denied the right to return to my home and homeless. We have been married for 18 years and are homeowners. The order does not stipulate that based on my desire not to be home that I could not see my children at any time. My wife states since I said that I did not want to be with her I cannot come home. I am scheduled to be placed in a VA domicialiary on March 22, 2006 but tried to work with my spouse in order to see my son for his 13th birthday. The Dallas County Constable states that my remarks are not reflected in the final order despite the transcript and does not preclude me from entering my home. He actually stated that my wife is in contempt if there were no special stipulations for me to stay away even if I voluntarily left because of an imminent threat to my life. Is the order clear or ambiguous? My wife states that I will be arrested if I enter our home.


Asked on 2/10/06, 6:10 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Order of protection denied

It appears that you have been through this process without an attorney. It is difficult to advise you without seeing the order. I would caution you from relying on the interpretation of the constable. You should hire a lawyer to file a Motion for Clarification if there is doubt as to the specificity/ambiguity of the order. You also need to address the assets/debts/child conservatorship/support situation of your marriage, especially since you are moving to the VA shortly. An attorney can file the divorce petition and arrange for a temporary orders hearing to establish the interim rules. TC

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Answered on 2/11/06, 9:47 am


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