What is the first step to take to lift a protective order?

UPDATED: Sep 13, 2012

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What is the first step to take to lift a protective order?

He never did anything violently physical against me, I was never hurt by him nor did I ever feel threatened by him. I believe the charges against him are a misunderstanding and he doesn’t deserve it because he’s not a violent person nor has he ever threatened or hurt me in anyway. The law mistakingly got caught up in an argument we had in the parking lot of a movie theater when someone nearby saw us arguing and called the cops. I just want him back in my life so me and him can continue our life together and I’d like to know what I need to do to make this protective order go away.

Asked on September 13, 2012 under Criminal Law, California


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You have a couple of different options.  The first is to go talk to the prosecutor that filed and completed the protective order application.  They may listen to you and agree to dismiss the protective order at your request.  The second option is to hire an attorney to help you file a motion to dismiss or undue the protective order.  Keep in mind, however, that the ultimate decision is up to the judge.  Even with your testimony, he may still decide to keep the order in place out of an abundance of caution for your protection.

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