Personal Protection order exparte can it be lifted or terminated before the trial? (domestic violence related)
2006-09-14 14:09:51 · 7 answers · asked by galbee 3 in Politics & Government ➔ Law Enforcement & Police
The defendant is pleeding not guilty and is scheduled for a jury trial.
2006-09-14 14:11:21 · update #1
Both my wife and I have asked the court to dismiss the protective order and the judge signed the order dismissing the protective order. In MD, the petitioner has the right to ask for such a thing.
If your state issued a protective order as a condition of pre-trial release, then that order is not lifted until the judge is persuaded by the victim that such an order is no longer necessary.
If you have contact with the defendant while the order is in effect, he may be arrested and you may be arrested for disobeying the order. Better to lay low and stay away from the defendant. If you're not married to the defendant, I suggest that you break up with him for good and forget he ever existed because he will do this again.
2006-09-14 14:52:05 · answer #1 · answered by Anonymous · 0⤊ 0⤋
an ex parte order is generally a temporary order given upon the plaintiff's filing for a harrassment or restraining order. When the judge approves the application for the order, the temporary ex-parte order goes into effect. If the respondent contests the order, there can be an evidentiary hearing where testimony is taken for the judge to better see both sides and make a decision on making the temporary order go into effect for one or two years.
The temporary order could be "lifted" if the judge determined that there wasn't enough evidence to impose the order.
If there is a jury trial for this respondent, that is most likely related to a charge of domestic violence and ensuing arrest. This could cause a no-contact order to be put in place at the request of the prosecutor and judge, and not by a filing from an individual. These types of no-contact orders are only able to be dropped by a judge , and generally only if the victim in the case asks for that to be done, although even if a victim asks for the order to be lifted, some judges will not drop the orders.
2006-09-14 14:26:36 · answer #2 · answered by ? 6 · 1⤊ 0⤋
Probably not unless you choose to do so, and even then it would be difficult to get it removed. What state are you in? This is relevant. Was it imposed by the police, a judge? All of these factors make a difference. Do not violate any distance location rules in your ppo. Wish I could help more.
2006-09-14 14:26:39 · answer #3 · answered by frogspeaceflower 4 · 0⤊ 0⤋
If the unique order of risk-free practices became based partly on your testimony, are you changing your tale now to tell the courtroom that risk-free practices isn't needed? if so, why might the courtroom have confidence you? The courtroom isn't there for video games. if your testimony became truthful once you filed for risk-free practices, do no longer ask the courtroom to alter it. If it became fake, set up to plead responsible of perjury. If the guy appreciates your honesty, he will visit you on the reformatory and wait which you would be able to be released.
2016-11-07 08:37:00 · answer #4 · answered by ? 4 · 0⤊ 0⤋
The only way I would think is if the threat is removed. If the person the protection order is against is in police custody or under police survalience, maybe that would be it. I can't think of any other logical reason. But again, when has the law been logical??
2006-09-14 14:36:01 · answer #5 · answered by volleyballchick (cowards block) 7 · 0⤊ 1⤋
I don't know if my order was the exact same as yours, but once my soon-to-be ex fulfilled requirement of paying court costs, attending anger management, and a couple of other things, it ws released WITHOUT MY KNOWLEDGE. Surprise.
I would definitely check with my attorney or the district attorney in your area.
Good luck!
2006-09-14 14:20:17 · answer #6 · answered by class act 4 · 0⤊ 0⤋
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2017-02-17 10:25:30 · answer #7 · answered by ? 4 · 0⤊ 0⤋