Protective order violated in June was dismissed in October will this dismiss case
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Protective order violated in June was dismissed in October will this dismiss case
There was a protective order filed against me 6 months ago. I was arrested 2 months later for violating this order. This month, the woman who requested the order went in and requested that it be dismissed and it was. However, I still have a pending case regarding my earlier violating the order. Will the ending of the order allow for this case to be dismissed?
Asked on October 28, 2019 under Personal Injury, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The prosecutor might choose to dismiss the case but is not obligated to do so. If we understand the question correctly, while the order was later dismissed at the woman's request, at the time you violated it, the order was in place and in effect. Therefore, you did violate a then-valid protective order, which means you violated the law. They can prosecute that even if the order was later removed.
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