How do I remove a Protective Order... Should I ask the Legal Aid Attorney?

This is a discussion on How do I remove a Protective Order... Should I ask the Legal Aid Attorney? within the Other Criminal Law Matters forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; I'm in Virginia. I'd like to have the PO that I got against my husband removed or amended. Please do ...

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Old Dec 7th, 2011, 01:59 PM   #1
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Default How do I remove a Protective Order... Should I ask the Legal Aid Attorney?

I'm in Virginia. I'd like to have the PO that I got against my husband removed or amended. Please do not give me the requisite "you shouldn't waste the court's time" answer. I understand that this happens often and it is indeed a waste of time. That being said it's already been done. :-/

There were no arrests and no charges filed. The judge granted me that 2 year order. What they call a Permanent Order in the state of Va. It was granted in early November. So last month.

I had a Domestic Violence Attorney from Legal Aid that helped me get the 2 year order. Even that day I kept thinking. "This isn't right. Don't get this order". My lawyer told me that she didn't hold out much hope of us even getting an order at all because there was no physical abuse,threats of physical abuse. Just a bunch of yelling and banging on the front door. (My husband not myself). I had locked him out during an argument.

My husband is now in therapy. That he is paying for himself. It was not court ordered. I'd like to have the PO dropped...or the No Contact part dropped and the No Family Abuse part left in. He does need the therapy. For his mouth! But I am not afraid for my physical safety or that of my children. The PO also covers them.

What are my chances for getting it dropped? Should I ask the Legal Aid Attorney to help me? I'm somehow doubting that she would even do so??
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Old Dec 7th, 2011, 02:18 PM   #2
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Default re: How do I remove a Protective Order... Should I ask the Legal Aid Attorney?

I wish to inform you that you may move a petition in the same court which passed the protective order as it has continuing jurisdiction in the matter. You may write to the judge and request the judge that the protective order be dismissed. A court date will be fixed to hear the matter. You may bring all the facts to the notice of the court. You may inform the court that your husband is undergoing therapy. Further, you may state that now both you and your children do not fear for your life. You may request that the protective order may be dropped. Generally, the court may accept your request. The court will consider all the facts and decide the matter. For the child, the court will consider the best interests of the child.

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Old Dec 7th, 2011, 04:05 PM   #3
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Default Re: How do I remove a Protective Order... Should I ask the Legal Aid Attorney?

Thank you for your quick answer! I really appreciate it.

So I can do this myself without an attorney's help? Even though an attorney helped me get the order?
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Old Dec 8th, 2011, 07:23 AM   #4
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Default Re: How do I remove a Protective Order... Should I ask the Legal Aid Attorney?

You should ask the same lawyer to get the protective order abated or modified. Based upon the grounds you stated in your post. She would be the best one to represent you, knowing how the first one was issued, there was no physical violence, your husband voluntarily went into anger management counseling -- and it being the holidays. The court will weigh your credibility and his, the record and decide accordingly. As to the 'best interest of the child", that standard is used in custody matters and not restraining orders.
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Old Dec 8th, 2011, 03:28 PM   #5
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Default Re: How do I remove a Protective Order... Should I ask the Legal Aid Attorney?

Friend In Court,

Thank you for your answer. I really appreciate your taking your time to answer. I'm not sure what good the Holidays will do...I called the court house and they said it would probably be into Jan or even Feb before we'd even see a judge. They are backed up. It's a small town.

I just hope the lawyer will agree to help me on this. Considering that she's a Legal Aid Domestic Violence Attorney she may tell me no. I dunno!
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Old Jul 18th, 2014, 12:03 AM   #6
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I'm sorry, just a quick question..is it true you have to pay to get the restraining order lifted?
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Old Jul 18th, 2014, 02:31 AM   #7
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Default Re: How do I remove a Protective Order... Should I ask the Legal Aid Attorney?

If you requested it yourself, you should be able to dismiss it. You have to file a motion to have the order dismissed and notify the other side and then the judge will decide the matter. However, most judges are hesitant to lift such orders. Retain an attorney to represent you.
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