Nolan Hensley The Order of Protection Explained
Two types of orders can be made that could affect the target. If the partner or spouse feels that their safety is at stake, they may obtain a complete order to keep the other person away. This order prohibits contact or communication, and may even prevent the protected from being present within a specified distance. This order allows for contact, but very little communication. Safety also includes no violence, emotional actions, or speech. This is the most common form and can have a wide range of effects on the target.
The Reasons for the Order of Protection
The reason for the order of protection may be invalidated if the partner or spouse contacts a judge. These orders can be issued against someone because of the passion and urgency of one moment. They may regret it the following day, or even a week later. Some listen to someone who may try to convince them to get an order, even though it’s not necessary because of the spouse or partner’s actions. An order of protection is not created by a heated discussion between married couples or individuals in a relationship. Others might resort to the order tactic in an attempt to increase custody chances or obtain more funds for a divorce.
These orders can be complicated if other issues are involved, such as domestic violence and abuse. The order can be extended until the person is active innocent. The person who issued the protection order has no control over how the case proceeds once it is through the criminal courts. If the case is dropped or ends with a not guilty verdict, it’s almost impossible to lift the order.
Resigning from the Order of Protection
The matter may be dropped if the criminal courts don’t have a case against the person who is the subject of the order. This means that the victim of domestic violence or abuse is not subject to criminal charges. The matter could be kept civil if the person decides to keep it private. It is easier to cancel an order if the matter is only between domestic relations courts. After the parties have reached an agreement to dismiss the petition, the order could be withdrawn.
The petition will also cease to be valid if the parties fail to appear at the hearing regarding a possible drop. If no one has an interest in keeping the order active, an order of protection cannot be kept without a lawyer representing the prosecution. The spouse or partner must keep the order active. The difficulty of dropping an order without this person is much less.
Legal Support: Dropping an Order
It is important to hire a family law firm surrey to learn how to end the order of protection. First, the person must file a dismissal. The hearing could be postponed if the other party is not available. Depending on the actions taken by the protected party, a lawyer might suggest other options and help you decide how to proceed.
