Changing, Extending, or Vacating a Protection Order

Understanding Protection Orders

Protection orders are legal tools designed to protect individuals from abusers by placing restrictions on the abuser's behavior. These may include no-contact orders or other regulations aimed at ensuring the safety of the victim. However, circumstances can change, and there may be a need to alter these orders. Whether you need to extend, modify, or vacate a protection order, it's important to understand the processes involved.

Extending a Protection Order

Judges have the authority to extend the terms of a protection order. This extension can occur if you can demonstrate one of the following: - The abuser has violated a prior or existing order for protection. - You are in fear of physical harm from the abuser. - The abuser has stalked you. - The abuser is incarcerated and is soon to be released, or has been recently released. A common misconception is that there needs to be an immediate threat of harm to extend an order; however, this is not the case. Typically, extensions are granted ex parte, meaning without prior notice to the abuser or a hearing where the abuser is present. A formal hearing is only required if the judge declines to grant the ex parte extension or if the abuser requests a hearing once an extension is granted.

Long-term Protection Orders

An order for protection can be extended up to 50 years under specific conditions including: - The abuser has violated a prior/existing order for protection on two or more occasions. - You have had two or more orders for protection against the same abuser. Since this is a significant duration, the abuser has the right to request the order be vacated or modified after it has been effective for at least five years, provided they have not violated the terms within that timeframe.

Modifying or Ending an Order

To modify or end an existing order, you will need to file a petition with the court. This allows you to request changes to the terms of the order, or to have it vacated altogether. If the abuser seeks to modify or end a 50-year order after five years, they must demonstrate that circumstances have changed significantly, and that the reasons initially justifying the order no longer exist and are unlikely to return.

The Importance of Legal Guidance

Changes to protection orders can significantly impact the safety and well-being of individuals involved. It's crucial to work with a legal professional to navigate this complex process, ensuring that the necessary steps are followed, and that your rights and safety are prioritized throughout. Whether you are seeking an extension, modification, or termination of a protection order, understanding the legal framework and requirements is crucial to making informed, effective choices about your safety and legal protections.

 

Call Attorney Maury D. Beaulier