How do you get around a protective order?

If you want to get back together, or even just talk to the other person or see them, you can: ask the court to change the order. The court can drop the “no contact” part of the order but keep the “no abuse” part of the order.

How do you fight an order of protection?

If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to “dissolve” (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing.

Can protective orders be dropped?

If the other party must prove guiltlessness in criminal charges, the order may remain until the individual is able to prove his or her innocence. Once the concern processes through the criminal courts, the person that issued the order of protection has very little say in how or if the case progresses.

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What happens if the victim violates the order of protection?

For violating a civil restraining order, the first offense is a Class 2 misdemeanor with a penalty of 3 to 12 months in jail and $250 to $1,000 in fines. Any subsequent offense can result in a Class 1 extraordinary risk misdemeanor with a penalty of 6 to 24 months in jail and $500 to $5,000 in fines.

Do protective orders go on your record?

Unless a restraining order is breached, it will not appear on your criminal record. However, it will be recorded both by the police and in court records, if you fall foul of the law in the future, a past restraining order can be used as evidence against you in court.

Do I need an attorney for a protective order hearing?

Do I need an attorney? You do not need an attorney to get an Order of Protection. But it may help you to talk to an attorney before you file a petition for an Order of Protection. It may help you to talk to an attorney before your hearing or to have an attorney help you at the hearing.

Should you get a lawyer for a protective order?

There is no fee to file for a restraining order or to have it served. You do not need a lawyer to file for an order but it is generally better to have one if you can, especially if the abuser has an attorney. In many places, local domestic violence or sexual assault programs can help you file for a restraining order.

How do you convince a judge to drop a no contact order?

Write the reasons you want terminate the order. You may want to keep the order but ask that certain parts of it be dropped. You can ask that the “stay away” and “no contact” parts of the order be dropped, but still keep the parts of the order that say the other person can’t abuse you.

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Why would a judge deny a restraining order?

Often a restraining order is denied because the judge believes the petitioner did not show evidence of a serious threat or harm by the defendant. A restraining order may also be denied because the petitioner’s statements are vague, disorganized or overreaching.

Can a defendant talk to a victim?

In general, a defendant is not prohibited from speaking with a crime “victim.” For example, you are not barred from chatting over the fence with your neighbor (although it seems that such casual pleasantries have not been part of your relationship for quite some time).

How do no contact orders work?

A no contact order usually instructs the defendant not to have any in-person contact with the alleged victim. The defendant is instructed to stay a minimum number of feet away from the victim’s place of residence, employment and known areas that he or she frequents.

How long does it take to drop a protection order?

If you’ve obtained a temporary Protection Order, it will last for three months. If the respondent doesn’t challenge it, or is unsuccessful in challenging it, it becomes final and permanent after three months. A final Protection Order lasts forever.

Are no contact orders monitored?

After a no-contact order is issued, it is entered into the law enforcement computer-based criminal intelligence information system. Usually, the no-contact order will remain in the computer system for one year (RCW 10.99. 050). Every police officer has access to this computer system.

Does protective order affect employment?

Will a Restraining Order Affect My Job? Even if the restraining order goes on your record, it likely won’t affect your current or future employment. Most employers who conduct background checks only check for the most serious crimes. … It also depends whether you have a criminal or civil restraining order.

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Is a restraining order a felony?

Typical Consequences for Restraining Order Violation

A person who violates an order of protection may be facing fines, jail time, or both. Restraining order violation is most often charged as a misdemeanor, though it may become a felony under some circumstances.

Does a restraining order ruin your life?

A restraining order or order of protection can be a person’s last resort against threatening or harassing behavior. … In some cases, restraining orders can save lives. In other cases, they can ruin lives or be a tool for harassment.