How to Get an Order of Protection Dismissed
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An order of protection can give a victim peace of mind to know that they have certain recourse against another person that may be a threat to them. It is often a way to send a message that if the other person comes near them with ill intent, they can be arrested and punished under the law.
Although the circumstances of getting an order or protection may vary from state to state, they can help to send the right message to a perpetrator. The order may not keep them from harming the victim, however, it can be used as a way to prove previous motives and patterns.
Are you wondering how you can get an order of protection dismissed? Keep reading to find out how.
What is an Order of Protection?
An order of protection, though called different names in various states, is an order that is issued by the court against another individual. The idea behind a protection order is to keep a certain person away from their victim for some time.
In most situations, this type of order can be used to protect a victim of domestic abuse, stalking, or other circumstances from being harassed by the abuser. These orders are not typically taken lightly and must have a judge who signs the order for it to be legal.
It is important to keep in mind that the order in and of itself does not mean that the victim is 100% safe from the abuser. It just means that if the abuser violates the order, they have legal recourse that can be used to show a pattern of abuse.
The order of protection intends to send a message to the perpetrator that they are to keep their distance from their victim. It can be issued directly after a violent event or following a complaint of continued abuse or stalking of an individual.
What Are the Different Types of Protection Orders?
When it comes to orders of protection, several different types exist depending on the specific situation. These protection orders are available to those who are seeking some distance from another person.
Whether the circumstances for a protection order are a result of domestic violence, stalking, or something else, the victim has a right to seek this type of court order. Depending on the situation, they may have the right to seek various types of protection orders.
Wondering what types of protection orders exist? Read on to learn more.
Emergency Order of Protection
This type of protection order typically follows a specific event that resulted in some type of violence against the victim. An emergency order of protection is one that is limited to a certain amount of time but can be long enough for the victim to seek further action.
In the case of domestic abuse, an emergency order of protection can be issued to keep the perpetrator from coming back to the residence. While this is only for a short period, it allows the victim the time they need to take the next steps.
Temporary Order of Protection
This type of protection order is somewhat similar to the emergency order in that it is often issued for a temporary amount of time. While it is not as instant as the emergency order, it can still be put in place to protect the victim for up to 14 days while they seek further action.
Permanent Order of Protection
This is the most severe type of protection order that exists and can be used for those victims who can prove that they are still at risk from the perpetrator after the temporary orders have expired. In these circumstances, the order of protection is put in place for a longer period.
How Long do Protection Orders Last?
Similar to the other laws and stipulations that surround orders of protection, the length of time one lasts will depend entirely on the state and the type of order it. This means that whether you are attempting to get one or get one dismissed, you will need to check with your state to find out how long they may last.
For the most part, in many states, the laws concerning how long a protection order may last are similar. Since the length of time depends on the type of order, however, some states may have varying lengths.
When it comes to an emergency protection order, while the length of time varies from state to state, they are only meant to be issued until a permanent one can be granted. In most cases, this means that an emergency order may last only a few days to give the victim time to seek the advice of a lawyer.
For those who are granted a temporary order of protection, again, depending on the state can last anywhere from a week to 25 days. It is important to keep in mind that this type of protection order is typically issued by a judge to protect an individual until a permanent order can be approved.
As the last type of protection order, the permanent protection order can last longer than any of the other types. This is because this order of protection is meant to protect the victim from any contact with the perpetrator for between a few months to several years.
How to Get an Order of Protection Dismissed
Getting an order of protection dismissed is not necessarily a difficult task, however, often depends on the state in which you live. The dismissal is something that can be filed by either the victim or the perpetrator depending on the circumstances involved.
If you are the victim, in most cases, you can choose to either allow the protection order to expire without asking it to be renewed or file a motion. In either case, however, the order is typically either not renewed by the judge or someone from the case has asked that it be removed.
It is important to keep in mind that in most cases if the perpetrator is asking for the order of protection to be dismissed, they must prove that the situation has changed. Since they were ordered to stay away from the victim, they must provide proof that they are no longer a threat to the individual.
Using the following steps can help you to attempt to have an order of protection dismissed in most states.
- File a motion with the court, typically through a lawyer or other legal representative
- Supply the necessary documentation such as the names on the order and the date of the original filing
- Include a statement of why you are asking for the protection order to be dismissed
Once the motion is filed in the courts, the judgment for removing the order may take some time depending on a few factors. These factors typically include when the motion is filed and what the specific circumstances are.
What Can You Do If Someone Violates the Protection Order?
If you have a protection order against another person, you will need to know what you should do if it is violated. This typically happens when the perpetrator seems to have apathy about the order and seeks to see the victim.
When it comes to someone who purposely violates the order of protection by coming in contact with their victim, you have the right to call the police. This is because the order specifically states that they are not allowed any contact with the victim.
If you are a victim with an order of protection against another person and they violate it, you have the right to seek the help of law enforcement. This means that when you can safely do so, you should call the police as soon as possible to make a report.
When you do call the police, you must mention that you have an order of protection against the person. It is also essential that you have your paperwork from the courts handy so you can prove it to the police.
Consequences of Violating an Order of Protection
Depending on the type of protection order, the reason for the protection order, and the state in which you live, the consequences for violating one can vary. This is because various state and local courts have different viewpoints on the subject.
In most cases, if you or someone else violates an order of protection against a victim, they have the right to call the police. When this occurs, the police are obligated to arrest the person for violating such an order.
The major consequences of violating an order of protection can be anything from paying a large fine to spending some time in jail. Again, it is up to the judge to determine whether the protection order was indeed violated and then to issue a punishment that fits the specific violation.
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"How to Get an Order of Protection Dismissed". Legal Explanations. Accessed on March 23, 2023. https://legal-explanations.com/blog/how-to-get-an-order-of-protection-dismissed/.
"How to Get an Order of Protection Dismissed". Legal Explanations, https://legal-explanations.com/blog/how-to-get-an-order-of-protection-dismissed/. Accessed 23 March, 2023
How to Get an Order of Protection Dismissed. Legal Explanations. Retrieved from https://legal-explanations.com/blog/how-to-get-an-order-of-protection-dismissed/.