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Divorce can reshape nearly every part of your life—your home, your finances, your parenting, and your peace of mind. In the midst of that emotional upheaval, many people choose to file protective orders. These legal tools can create distance, restore a sense of control, and provide necessary safety measures. But as time passes, things may change. When they do, one important question arises: How to lift a restraining order if you’re the one who filed it in Texas?
This situation is more common than many realize. A person may have filed during an emotional breakdown, a heated argument, or a period of real fear. But weeks or months later, things can settle. The dynamics may shift, communication may improve, and the desire to co-parent or simply move forward may make the existing order feel unnecessary. That’s when it’s time to explore whether it’s possible to have the court lift or modify that order—and how to do it the right way.
Texas law does allow for the dismissal or modification of protective orders, but it’s not as simple as just changing your mind. There’s a process to follow, and the court must be convinced that it’s safe and appropriate to make the change. In this article, we’ll walk through every step—from understanding what kind of order you have, to filing a motion, attending a hearing, and knowing what happens afterward.
Why Protective Orders Are Filed During Divorce
Protective orders are common in divorce cases because emotions run high. There may be arguments, threats, or a general feeling of instability. Sometimes these orders are filed based on real and repeated danger. In other cases, they result from a single outburst or emotional conflict that escalated temporarily. The court system allows protective orders in family law because they create space—space for healing, safety, and de-escalation.
However, that space sometimes becomes a wall that’s no longer necessary. Communication may improve. Both parties may go to therapy, learn to co-parent effectively, or begin to reconcile. When this happens, the original filer may question whether the order still serves its purpose. If not, the court may consider a request to lift or modify it—under the right circumstances and with the right legal approach.
Types of Protective Orders in Texas
Understanding how to lift a restraining order if you’re the one who filed it in Texas starts with identifying what kind of order is in place. Not all protective orders are the same, and each one follows different rules and procedures.
Temporary Ex Parte Protective Orders are short-term orders issued without notifying the other party. These are based solely on the filing party’s affidavit and typically last up to 20 days. Judges grant them quickly if immediate danger is alleged.
Final Protective Orders are more serious. They are issued after a hearing in which both parties have the opportunity to present evidence. These orders can last up to two years or longer, depending on the severity of the circumstances. In cases involving repeat violence or serious threats, judges may extend these orders beyond the typical period.
Magistrate’s Orders for Emergency Protection (MOEP) are issued following a criminal arrest, often for domestic violence. These are handled by criminal courts, and the person who originally filed the complaint may not have the authority to dismiss them. Only the court or prosecutor can do so.
Mutual Restraining Orders are often standard in divorce proceedings. These are usually civil orders that prohibit both parties from harassing or intimidating each other during the legal process. They may also include terms related to asset protection, children, and communication.
Knowing which type of order you filed is crucial. The process for lifting a temporary ex parte order is different from lifting a final protective order or a MOEP. Read the order carefully or consult an attorney to confirm the category.
Why You May Want to Lift a Protective Order
There are many reasons a person might want to lift a protective order they originally filed. Perhaps you feel safe again, or maybe the order is interfering with shared parenting responsibilities. Some people seek to lift an order because they’re in counseling with the other party, trying to reconcile, or simply want to avoid further court involvement.
The court does not require a specific reason, but your request must be voluntary. Judges are trained to look for signs of coercion or manipulation. If your decision is based on guilt, pressure from family, or the other party’s influence, the judge may deny your motion. You must be able to explain clearly why you believe the order is no longer necessary—and back that up with evidence if possible.
How the Court Evaluates Your Request
Texas judges don’t take the removal of protective orders lightly. They are aware that family dynamics can shift quickly, and what feels safe today might change tomorrow. When deciding whether to grant your motion, the judge will look at a number of factors:
- The history between you and the other party, especially past incidents of violence or threats
- Whether there have been any violations of the order
- Whether both parties are communicating peacefully now
- Whether children are involved, and how the change could impact them
- Whether you have entered into counseling or made any efforts to improve the situation
If your case involves minor children, the court will also focus heavily on their best interests. Judges are particularly cautious when a protective order includes provisions related to custody or visitation.
Filing the Motion to Dismiss or Modify
To begin the process, you’ll need to file a motion with the same court that issued the original protective order. The title of the motion may vary slightly, but it is usually called a Motion to Dismiss Protective Order or Motion to Modify Protective Order.
Your motion should include:
- The names of both parties
- The case number and date of the original order
- The type of protective order
- A detailed explanation of why you are requesting the change
If you are not sure how to word your request, an attorney can help you draft the motion clearly and correctly. Once you file it with the court clerk, a hearing date will be set.
Attending the Hearing
At the hearing, you will appear in front of a judge. The purpose is for the court to hear directly from you and determine whether your request is valid. You should be prepared to answer questions about why you filed the order in the first place, what has changed since then, and why you believe it should be lifted now.
The judge may also ask if you feel threatened, if you are under pressure to dismiss the order, or if you’ve experienced any new incidents since filing. If the other party is present, they may also be allowed to speak. This helps the judge get a complete view of the current situation.
Bring any documentation that supports your case, such as text messages, counseling records, co-parenting plans, or agreements. This can strengthen your position and show the judge that you’ve taken steps to resolve the conflict.
Judge’s Decision and Next Steps
Once the hearing concludes, the judge will make a decision. They may:
- Dismiss the order entirely
- Modify the terms to allow limited or conditional contact
- Deny the motion and keep the order in place
If the judge agrees to lift or modify the order, a signed court order will be issued. This officially replaces the original order. Until that document is signed and filed, the original order remains legally enforceable.
Do not assume the order is lifted just because the hearing is over. Wait until you receive a written order from the court before changing your behavior or allowing contact.
What Happens Once the Order Is Lifted
Once the protective order is dismissed, the legal restrictions no longer apply. You and the other person can communicate, meet, or co-parent without violating the law. However, this doesn’t mean the relationship is reset. It’s important to move forward with caution and respect.
If you are co-parenting, follow your court-ordered custody plan carefully. If disagreements arise, return to mediation or consult your attorney before things escalate. The court may not be as understanding if you request another protective order in the near future.
Removing a restraining order gives both parties more freedom, but it also puts responsibility back on your shoulders. Make sure both sides understand what’s expected and are committed to safe, respectful interaction.
| Action After Order Is Lifted | Result/Impact |
| Communication with the other party resumes | No legal barriers to phone calls, texts, or in-person meetings |
| Co-parenting continues without restrictions | Parenting arrangements can proceed without violating the previous protective terms |
| Violating previous order conditions | No legal consequences unless new court orders are broken |
| Conflict reemerges | Court may be less sympathetic to future protective order requests |
| Failure to follow custody plans | May lead to legal challenges or contempt proceedings |
Risks of Lifting a Protective Order
Knowing how to lift a restraining order if you’re the one who filed it in Texas also means knowing the risks. Once the order is lifted, any new conflict or abuse could lead to further complications. The court may be skeptical if you seek to refile a protective order shortly after having one dismissed.
Additionally, lifting the order could have an impact on your ongoing divorce, custody proceedings, or settlement negotiations. If you originally argued that the other party was a threat, dismissing the order could weaken that argument later.
Always talk to your lawyer before filing a motion to lift or modify a protective order. A legal advisor can help you weigh the risks and benefits and determine the right timing and strategy.
Can You Modify Instead of Dismiss?
Yes. If you’re unsure about lifting the order completely, you can request a modification instead. This allows you to keep some protections in place while allowing limited communication, visitation, or flexibility.
For example, you might ask the judge to:
- Permit communication about parenting matters
- Allow supervised visitation with children
- Change the terms to “no harmful contact” instead of “no contact”
Modification is often a good middle ground for people who want some interaction but still need legal boundaries. The court may be more willing to grant a modification than a full dismissal, especially if children are involved.
Criminal Court Protective Orders
If the protective order was issued by a criminal court, you may not be able to dismiss it even if you were the original complainant. In these cases, the prosecutor or judge has final say, and public safety is the priority.
Still, you can express your wishes by filing an affidavit with the court. While this does not guarantee the order will be lifted, it provides context that the court may consider when deciding whether to continue or modify the order.
In Ending
Deciding to lift a protective order is not something to take lightly. But if the situation has genuinely improved and both parties are acting responsibly, it may be the right step forward. Understanding how to lift a restraining order if you’re the one who filed it in Texas means more than just knowing the legal process—it means being fully aware of your reasons, your rights, and the potential consequences.
Always act thoughtfully. File your motion through the proper channels. Prepare carefully for your hearing. And make sure your choice reflects your safety, your long-term goals, and the best interests of your family.
Other Related Articles
- What is the Difference Between a Protective Order and A Restraining Order?
- How to Use Temporary Orders and Temporary Restraining Orders in Texas for Your Advantage
- Protective Orders versus Restraining Orders in Texas
- Shrewd Revenge Tactics: Restraining Order Sent To Company
- How Long Do Domestic Violence Protective Orders Last?
- Can I Receive Emergency Relief without an Ex-Parte Order?
- How to Prepare for a Temporary Orders Hearing in Texas
- Understanding Temporary Orders in Texas Divorce Cases: What You Need to Know
- What Is Temporary Orders Hearing in Texas? A Complete Guide to Preparation
- What Is Included in an Emergency Protective Order in Texas?
