Legal Question in Family Law in Texas

Ex Parte Protective Order

Hello, I have been charged with a class a and a class c missd. crimes that are in the family violence code and am awaiting trial. The state's witness, my ex girlfriend, filed for a protective order in district court in the mean time and suggested I comitted an act of family violence by posting something on a web site about her. what I did post was, was something to the effect of tell the truth, that's all anybody wants, and not even directed to anyone specifically, but more of blog type ramble.

My question, however, is regarding the judge that ruled on this case. It was the same judge that 18 months prior to this case, on his own recused himself when she filed in his court for a divorce because my ex worked for the DA a few years back. I am between criminal lawyers, but I do have a civil one retained and at the last minute she brokered a deal that lowered the length of it to 1yr and no finding of FV.

So I am now under the provisions of that order, but considering the judge situation, is that enough to motion for to dismiss, or will it be an appeal, or am I SOL? thanks


Asked on 4/08/07, 9:26 am

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Re: Ex Parte Protective Order

You need to ask your lawyer, but if the judge recused himself because he knew a witness once, that would be enough to do so again. However, if your lawyer did not ask the judge to recuse himself, you may not be able to use that as grounds for appeal.

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Answered on 4/08/07, 10:13 am


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