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How To Get An Order Of Protection Dismissed

How To Get An Order Of Protection Dismissed

If you have an order of protection against you, it can be a very daunting experience. You may feel like you are unable to leave your home or see your family. Thankfully, there are ways to get the order of protection dismissed. In this blog post, we will discuss the steps that need to be taken in order to get the order of protection dismissed. Keep reading for more information!

 

What Is An Order Of Protection, And What Are The Different Types?

An order of protection is a court order that someone can acquire from a judge, protecting them from someone. In most cases, it would be from an abusive spouse, and anyone who violates it can face severe penalties. 

There are three different types of protection orders where people can lawfully get the protection they need.  They are:

  • Temporary protection orders
  • Permanent protection orders
  • Emergency protection orders

A temporary protection order is an order that’s legally put forth to a judge to keep an abuser away temporarily until that person can seek to get a permanent protection order. This order would last up to 14 days, and if the petitioner wants to proceed to get a permanent restraining order, they can. 

An individual can seek a permanent protection order if they feel like they are still being threatened for their life after having a temporary restraining order in place. The permanent restraining order can last for a long time, and the judge will put different protections to safeguard the individual in danger. 

The emergency protection order is where an individual would look for an instant restraining order against an abuser. If the threat persists, that person will go further by getting a temporary or permanent protection order. 

What Is An Order Of Protection

How Do You Get An Order Of Protection Dismissed?

Getting an order of protection dismissed is not a long process, but anyone who wants the protection order lifted should prove to the court that they are no longer violating it. In most cases, the court has to remove the lift, or if someone doesn’t extend it, the judge may not renew the order of protection. 

Furthermore, if someone would like the order of protection dismissed before the initial time it’s supposed to, that person can file a motion. Filing a motion has to be done with the court, and it has to include the date, reasons for wanting the order of protection dismissed, and each person’s name. 

Getting An Order Of Protection Dismissed

What To Do If Someone Violates The Order Of Protection?

If someone violates an order of protection, it is considered a crime, and anyone who does it shouldn’t, despite emotions being at their peak because of having the restraining order. If the other person violates the protection order, the only thing someone should do is to call the police immediately. 

Breaking the law isn’t the right thing to do, and anyone violating the protection order can be slapped with hefty fines or even face some jail time. 

Violates The Order Of Protection

How Long Does An Order Of Protection Last?

A protective order can last up to a couple of years, depending on the order of protection someone has. There are temporary, emergency, and permanent restraining orders, and depending on which state you reside in, each type of order would have different time frames.

For example, in California, a temporary protection order would last for 20 to 25 days; in New Jersey, it would typically be for up to 10 days; and in Maryland, it would not be more than seven days. Meanwhile, the emergency and permanent protection orders would also be the same, depending on where you live. 

How to File a Harrassment Restraining Order

 

Resources For Victims Of Domestic Violence

Anyone facing domestic violence should not take it lightly and immediately call 911 or report it to law officials. Also, no one should feel bad or scared to report such crimes because it can cause hurt to everyone, including children and family members. 

There are various resources where someone facing domestic violence can go and find the help they need. Some of these resources are:

There are also some numbers persons can call to get help, like the national domestic violence hotline and the national center for victims of crime. The persons in charge of receiving calls at these various institutions are always available to chat 24/7.

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Nothing implied or stated on this page should be construed to be legal, tax, or professional advice. The Law Dictionary is not a law firm and this page should not be interpreted as creating an attorney-client or legal adviser relationship. For questions regarding your specific situation, please consult a qualified attorney.