It is possible to have an order of protection dropped once it has started under some circumstances. Nevertheless, the judge needs to carry out an assessment of the current situation. In some cases, in which the order of protection was filed is because of the wrong reasons. When this is expressed to the judge, they may choose to swiftly drop the outstanding order.
It is possible to have an order of protection dropped once it has started under some circumstances. Nevertheless, the judge needs to carry out an assessment of the current situation. In some cases, in which the order of protection was filed is because of the wrong reasons. When this is expressed to the judge, they may choose to swiftly drop the outstanding order.
Reversing an order when a spouse or partner either rebuffs or thinks the order of protection has been applied for unfair reasons, it might require additional work to overturn the order than it is when the order was initially issued. A partner or spouse can contact a judge through the necessary means if there is a requirement for direct distance among the individuals. Presuming there is reasonable evidence, this is typically granted and might require a complete order or an order that prevents the others involved from having contact.
Explanation of a Protection Order
There are two types of orders:
- When one party believes they necessitate a degree of safety to be guaranteed by law. This restricts contact or communication. It also stops the individual from being within a specific distance of the protected.
- The other type of order usually has stipulations for some sort of contact but typically limits communication. The safety typically includes a lack of emotional discourse and actions in addition to a shortage of violence. In ordinary circumstances, the second type is usually the one that is decided on. This can influence the target in different ways.
Reasons For an Order of Protection
There might not be a justifiable or valid reasons when a partner or spouse is successful in having an order of protection acquired. There are varying reasons as to why this is. it might have been done in anger or as an unreasonable and emotional act. Or maybe an individual has spoken to the individual and have come the realization it was wrong to go for an order. Take note, just because things may get heated among a couple, it does not specifically mean they are solid reasons for an order. It is also used as a gambit in the hope it is going to increase the chances of getting increased funds in a divorce case or getting custody of a child and/or children. These orders can become more convoluted in cases of domestic violence or abuse. The other individual might discover the order is going to remain in place until they are able to prove themselves innocent of any criminal charge(s). After the concern is in the process phase in a criminal court, there is not a lot that can be done. Lifting the order can become almost impossible unless the case is dropped or is determined by a judge and/or jury with a verdict of innocent.
Dismissing The Protection Order
If there aren’t any criminal charge allegations the courts have intended to the target of the order, the process is more straightforward and there is room for the possibility of dropping the order. On the other hand, when the circumstances only involved a domestic relation court, dropping the order is a lot less challenging. The petition order might be dismissed if those involved can agree for filing a dismissal. Additionally, if the individuals fail to attend a hearing, the petition loses its legitimacy. The lack of a prosecuting lawyer whose duty is to go after the case – there isn’t a requirement to maintain the order when there is no party interested in keeping the order in place.
Dismiss An Order Of Protection With A Lawyer
It is critically important to retain a lawyer that has knowledge of what can be done so the order might be dropped. Although the individual must initially file for a dismissal, the other individual might be an absentee to the hearing. A lawyer can also provide many helpful ways forward and clarify how to move forward subject to the actions of the individual being protected.
Contact Our Order of Protection Lawyers in Scottsdale
The High Desert Family Law Group should be your first choice when you need the best family lawyer in Scottsdale or Phoenix, Arizona. Our experienced family law attorneys will work with you to obtain the best possible outcome in your situation. Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation.
