Is it possible to cancel a protective order ?

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Is it possible to cancel a protective order ?

Back in December I was kinda forced into filing a protective order agaignst my son . BECAUSE OF FAMILY voleince and terristic threat. 2 THE TIME HE WAS USING DRUGS AND DIDN'T KNOW WHAT HE WAS DOING OR SAYING. SINCE THEN. HE HAS CLEANED HIS SELF UP AND TRYING TO GET HIS DIPLOMA AND REALLY TRYING TO DO BETTER AND WANTS TO GO TO COLLEGE.WHEN HE QUIT SCHOOL IN FEBRUARY. HIS GRADE AVERAGE WAS A AND HE PASSED ALL HIS STATE TEST WITH FLYING COLORS .HE QUIT 3 MONTHS BEFORE GRADUATION .BUT HE IS REALLY TRYING AND MY HEALTH HAS TAKING A BIG HIT .I HAVE BEEN REALLY ILL AND I MISS MY SON AND SO DOES HIS YOUNGER BROTHER . I'M VERY DEPRESSED AND WAITING ON TEST RESULTS WITH POSSIBLE CANCER . I'M A BOARD MEMBER OF TEEN COURT / I WORK WITH @ RISK YOUTH . PLEASE SOMEONE HELP ME AND LET ME KNOW WHAT I CAN DO TO CANCEL A PROTECTIVE COURT ORDER.AND I DON'T HAVE MONEY FOR A LAWYER . IS THER A WAY IT CAN BE DONE WITH OUT A LAWYER. PLZ HELP.

Answer 1

You must thing twice before you leap to avoid the crying wolf scenario.sometimes,family members need tough love in order to stay on the right path & sometimes they cry for help.

God only knows that he might wants to get your sympathy to have you cancel your order protection against him. You should go to the same place where you filed your claim against him & sign some paper and it'll be over.

Answer 2

You must petition the court. You should start by contacting the District Attorney's office. You shouldn't have to hire an attorney.

Answer 3

Your best bet is to ask the issuing court to have the order modified to allow him home.  Bear in mind, the court doesn't have to have your permission to issue some kind of order.  It used to be that law enforcement would treat domestic abuse cases just as they would cases involving strangers.  Unfortunately, there were too many cases of violent recurring crime (even homicide) against victims who had "dropped charges" in earlier cases against their later assailants.  Domestic assailants are both very likely to commit further abuse, while domestic victims are very likely to try concealing it.  The court isn't going to risk putting you back in harms ways because of some feelings you have knowing how feelings don't prevent later abuse.  You have to make some connection between your well-being and his progress and the order, and this question just doesn't do it - you can love him all you want when he assaults or threatens you, and you're still a person who will get an order.  

Another problem with canceling an order is..you might actually get what you ask for, but not what you want.  Many family members think that restraining orders, being for their benefit, operate at their whim, and can be canceled and enacted whenever they want, used against family members whenever they want.  Eventually, when an order gets canceled enough, judges may decide against issuing any order, discounting any factual claims for a future order even when yiu decide you need it.

You need to realize that the order is not the problem.  Your son is the problem.  A drug dependency issue will not go away in a few months of hard work.  Drug users can slip back into dependency very easily, especially when they think they can have their problems minimized by emotionally charged family members.  He may need a drug treatment program, maybe a residential program.

I sincerely hope your test comes back favorable - best of luck to you and your son.

Answer 4

Call the DAs office and tell them your story.

Answer 5

Go to the same court you got the order from. If they do not have a victim's advocate office, most domestic courts do, then go to the prosecutors office. Do this first thing in the morning otherwise they get to busy.

You will then go in front of a judge who will lecture you about the dangers of believing again. listen to the judge, your son will likely not start acting right but it is your decision.

I would suggest you tell your reason simply, you get way to wordy which means to most that you are making things up, I also suggest you stop blaming others "I was forced into it" or illness, that is a sign to a judge or prosecutor that you are an enabler and will just be in needing a new order soon.

The judge will likely cancel the OP. This can be done anytime during court regular hours but will take a few hours at least.