Whether a partner or spouse believes they granted an order of protection for the wrong reasons or has instant remorse, revoking the order may need more processes than the initial issuance. Because adequate evidence was given to obtain the protective order in the first place, a request to lift that order will be reviewed by the same or a different court. The court will want to know about the couple’s current situation to assess if removing the order is appropriate.
The Order of Protection
Two kinds of orders can affect the target. When a spouse or partner believes that their safety requires legal protection, they may get a court order that keeps the other away. This ensures no contact, communication, or even presence within a set distance of the protected. The other order generally allows for some touch, but little dialogue and safety involves no violence, emotional actions, or speech. The second is the most common kind, and it impacts the victim in a variety of ways.
The Purposes of the Order of Protection
When the spouse or partner approaches a judge and obtains an order of protection, the cause may no longer be legal or lawful. Some people have these orders against a person because of the ferocity of a single moment, and they may then come to regret their decision the next day or even a week later. Others may listen to someone who may persuade them to get the order when it is not required due to the partner’s or spouse’s behavior. A passionate argument between a married couple or those in a relationship does not warrant a protective order. Others may utilize an order to enhance their chances of gaining custody or more money after a divorce.
If there are additional issues involved, such as domestic violence or abuse, the complexities of these orders may escalate. If the opposing party is required to show innocence in criminal accusations, the order may be extended until the individual can prove their innocence. Once the matter is in the hands of the criminal courts, the person who granted the order of protection has very little control over how or if the case is resolved. Therefore, the order is complicated to lift until the case is dropped or concluded with a not guilty verdict by the jury.
Revoking The Order of Protection
If the criminal courts do not have a claim against the person named in the order, the situation becomes less complicated, and the order may be dropped. This includes a lack of criminal prosecution for domestic abuse or violence against the individual being safeguarded. If they choose to keep the situation quiet, it may remain a civil matter. Dropping the order is easier when the case concerns only the domestic relations courts. If the parties agree to submit a dismissal, the petition for the order may be dropped.
Furthermore, if the parties fail to appear for the hearing on a possible drop, the petition will be null and void. There is no need to keep an order of protection current if neither party has an interest in the order staying active if there is no prosecuting counsel to continue the case. It is the spouse’s or partner’s responsibility to keep the order operational. Dropping the order is less of a hassle without this individual.
Dropping the Order with the Help of Legal Counsel
Hiring an attorney is necessary if you want to know what to do to get the order of protection lifted. First, the individual must submit a dismissal. However, the opposing side may fail to appear at the hearing, which is also possible. Depending on the conduct of the protected party, a lawyer may suggest several approaches and explain how to carry out each.
Contact Hecht Schondorf for legal help today.