Restraining Orders

You asked what the abuser would have to prove to get the protection order dismissed. While I can’t speak to your specific situation, you can see what an abuser generally has to prove to get a protection order dismissed in [STATE] at [LOOK FOR QUESTION IN Restraining Orders>Specific Order>After the Hearing>Question similar to “Can the abuser file a motion to change or terminate my order for protection?”] [IF QUESTION IS NOT AVAILABLE, TRY TO FIND INFORMATION ELSEWHERE]

You also asked what the strongest defense to keep the order in place is.I can’t say what the strongest defense would be in your case, as I am not your lawyer and I am not familiar with your specific situation. Generally, a judge will consider all of the factors listed at the above link [OR THE INFO YOU FOUND ELSEWHERE]. While the abuser will have a chance to prove they are no longer a danger to the victim based on those factors, the victim will also have a chance to appear in court and tell the judge why the order should remain in place.

Generally, a victim may want to show why the abuser is still a danger to the victim, and how removing the order could put the victim back in direct danger. A victim would generally want to be able to show the judge that a significant reason the victim has stayed safe since the order was issued is because of the order. A victim could possibly do this by describing the events prior to the order and explaining any violations that have happened since the order was issued (even if the violations did not result in arrest). A victim may want to gather any evidence they may have to show why the order should remain in place, and focus on how the evidence relates to the factors the judge may consider.

You may want to consider getting legal advice from an attorney in [STATE]. You can find free and paid lawyers in STATE on our website. You can also see information about choosing and working with a Lawyer on our website.