How Do I Get A Protection Order Dismissed Or Modified?
It is very difficult to get a civil permanent protection order dismissed, unless you get the person who sought the civil protection order to file an affidavit saying he or she has no fear of you and the risk of harm to life or health no longer exists. A modification also cannot happen without the consent of the person seeking the protection order. The protection order is to protect the person asking for it because they claim that you are a threat to their life or health, or to their loved one. If you violate it, you are probably looking at jail time, unless you have a very good attorney who can hopefully help you.
Generally, in a criminal case under Title 18 the mandatory protection order will be dismissed upon the dismissal of the whole case or being found not guilty of all charges. In a criminal case the mandatory protection order can the modified after the court obtains the views of the complaining witness; all of the protected parties and the deputy district attorney in State Court or the assistant city or municipal court prosecuting attorney. The Court must be satisfied that you are no longer a danger or threat to the victim or witness in the case and you are unlikely to commit the acts you are charged in the case in which the mandatory protection is issued against you. Of course, if the victim or witness expresses objections or concerns for their safety or well being the Court will most likely deny the request to modify the mandatory protection order. The court is very cautious and skeptical to modify a mandatory protection order. In the recent past, victims or witnesses consent to dismiss or modify a mandatory protection order is required. However, the generic condition that the defendant shall not harass, molest, intimidate, and retaliate against the victim and witness will not be modified. This is to protect the victim or witness from their own wishes. The courts are generally hesitant, reluctant, and biased against modification unless it is fully satisfied that no harm to victim or witness is highly unlikely to occur.
Will I Have Access To My Children If I Have A Civil Protection Order Placed Against Me?
If you fail to show up at the temporary protection order hearing, you will not have access to your children and you will have to file a motion to modify it, explaining to the judge that you need access to your children. This is provided that your children are not made part of the protection order to protect them. If your child is the protected party, then it gets more complicated. The judge would appoint a lawyer called a guardian ad litem for the children. This lawyer’s job is to protect the best interests of the child. He or she will have a conversation with the child (ren) to see what their feelings are regarding having contact with you. If they say they fear you, then it is very unlikely you are going to get contact with your children.
If the child wants to have contact with you, the judge normally will start out with electronic communication by phone, Skype, or email, which will be monitored. After everything goes well for some time, you will move on to therapeutic visitation with a professional, who will supervise the visitation and then report to the judge to see if he or she wants to make it unsupervised. Later, you may move on to overnight visits, if there’s no allegation of child abuse.
For more information on Dismissal Or Modification Of A Protective Order, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (303) 557-4425 today.