Petition to Vacate a Protection Order

A protection order, or restraining order as it is sometimes referred, can be a very valuable tool to keep you out of harms way after you have been abused, assaulted or threatened by another person. Protection orders can prevent the potential violent actions, physical or verbal abuse or threats from occurring by making it illegal for the violent or dangerous party to come in contact with you by virtually any means.
Common Reasons for Filing a Protection Order

  • Domestic violence
  • Physical assault
  • Stalking
  • Verbal threats against you
  • Verbal threats against your family

In order to protect citizens who are in imminent danger the court systems tend to make it reasonably easy to gain an order of protection. What may not be as simple is having an order of protection that is firmly in place and being enforced altered or vacated.

If you and the person who you have filed a protection order against have reconciled and you wish to resume contact on any level you will need to go through the process of filing a petition to vacate a protection order. You’ll need to have a very valid line of reasoning if you wish to get a protection order vacated by the court system, protection orders are taken very seriously and many judges won’t vacate them unless there is clear and present proof that you are no longer in danger and that the protection order is truly no longer necessary.

Why You Need a Criminal Defense Attorney to Help with Your Petition to Vacate a Protection Order
A successful filing of a petition to vacate a protection order requires proper completion of complex forms and careful attention to detail. The assistance of an experienced criminal defense attorney will make the process of filing the petition much smoother and easier. With a criminal defense attorney assisting you in the process you can feel confident that all of the necessary information will be included on your paperwork and that your petition will be filed according to instruction which will facilitate the approval process.

A criminal defense attorney can also advise you on the appropriate actions for the hearing that will follow your petition. Many judges hold a hearing prior to vacating an order of protection in which you will have to answer questions and provide information that details why the order should be vacated. This hearing is designed to make sure that a person wishing to vacate an order of protection isn’t doing so due to coercion or threats on the part of the person that the order has been filed against.

Filing a petition to vacate a protection order is a decision that should not be entered into lightly. Prior to filing the petition you need to make certain that it is the best decision for your situation as the court system may not be overly eager to grant a second order of protection against a person following having gone through the process of vacating an initial order. A discussion with an experienced attorney can help you determine if filing the petition is in your best interest and guide you through the steps necessary to complete the process should you decide to move forward.