![]() ![]() Attending drug or alcohol rehabilitation then achieving sobriety can be used as evidence to have the order dismissed. Substance abuse or alcohol addiction could be a reason why the Order of Protection was initially issued. Attending counseling is a very good example that can be provided to the court. The target has to be specific in their argument and provide evidence that their behavior has changed. Their attendance should be properly documented as proof that they have followed a recognized program. This could be domestic violence counseling and even therapy. Attending counseling is one such way to prove that they no longer pose a threat. CounselingĪnother scenario where the onus is on the target of the Order of Protection is where their behavior has markedly improved. A safeguard can then remain to stipulate no abusive behavior. If the order stipulated no contact then this can be removed to allow for children to be visited again by the target. The judge may also not fully dismiss the order and can change it. Should the judge believe that the reasons for dismissing the Order of Protection are valid then the order can be dismissed. The order could well be to separate both parties from a difficult spell so that they can work through their differences then get back together. While the Order of Protection may have been reasonable at the time, the behavior of the target may have changed and softened. There is the chance that the situation between both parties has changed. ![]() Let’s look at specific scenarios that could result in an Order of Protection being dismissed. Once that threat and danger have been removed, dismissing the Order of Protection becomes somewhat easier. Specifically that they no longer pose a threat to the petitioner. ![]() The reasons why an Order of Protection may be dismissed center around the target of the order. The order is in place until the court has dismissed it. There is not a scenario where one party believes the order is dismissed so stop following the specific rules that the order has imposed. In both types, this is an order imposed by a court and only the court can dismiss it. The second type of this order allows some form of contact but little communication between both parties. The target may also be ordered to pay court fees and attend counseling programs. There can also be an award of financial support to the petitioner and a duty to support put on the target of the order. Temporary custody or visitation rights are awarded to the petitioner of the pair’s children. The target of the order can also be evicted from a shared property and directed to seek alternative housing. Importantly, there is a protected distance of meters that this person has to obey as a protection against stalking. This includes telephoning the petitioner directly or indirectly. The order will contain requirements that there be no contact or communication between both parties. The first is where a partner believes they need a guarantee of safety by law against their spouse or partner. The orders tend to involve accusations of domestic abuse and have extremely serious legal ramifications. They are intended to protect the petitioner from stalking, domestic abuse or sexual assault. Both are signed by a judge after a petition has been filed. There are two types of personal protection orders, each is an Order of Protection though the safeguards do differ. The judge needs to look at the current circumstances and conclude how they differ from when the protection order was issued. Though there may be specific reasons for having the order dismissed, it requires filing and a hearing. Proving that the situation has changed can prove difficult. However, having the order issued in the first place means that there was enough reasonable evidence that this was a necessary action. They will be aware of the case and need to be convinced why it now should be dismissed. It may even be the same judge that issued the order. There is a legal process to follow and a judge would need to evaluate the current situation. Then the panic sets in to find out how to dismiss it. ![]() It could be that once the order was issued, after a week or so it was regretted by both parties or simply just the petitioner. One could be that the order itself was issued for the wrong reasons. Wanting an Order of Protection to be dismissed can be for several reasons. ![]()
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