According to Texas law, statute §83.004 “Motion to Vacate” states:
Any member of the family or household affected by a temporary ex parte order may file a motion at any time to vacate the order. On the filing of the motion to vacate, the court shall set a date for hearing the motion as soon as possible.
A Motion to Vacate is similar to an appeal, but differs considerably. While an appeal is the attempt to get a higher court to reverse a decision made by a lower court, a Motion to Vacate is an attempt to have the same court withdraw or modify their decision.
This effort is most successfully make or defended by experienced counsel understanding the background facts and making an effective presentation to the court.
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