Can the protected person in a criminal protective order have the order dismissed or removed? 10 Answers as of November 14, 2011

I am the protected person in a criminal protective order that was issued on my behalf by the District Attorneys office. Can I have this type of order at my request be dismissed, removed,or lifted. This order has never protected me. About a year and 1/2 ago I was arrested twice for being in violation of my own protective order just because my boyfriend lied and said I didn't live in the same apartment we shared. Although my name was not on the lease my belongings were there, this was my home I received my mail there and yet police still arrested me not once but on two seperate occassions. If it is possible to have such an order removed what would you say the best strategy or approach I should take. What must I do to show this restraining order is unnessasary and a waste of tax payer money

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
You need to petition the court probably best through an attorney to modify or vacate the existing order.
Answer Applies to: California
Replied: 11/14/2011
A.L.A. Law Group, LLP
A.L.A. Law Group, LLP | Lauren M. Mayfield
The first thing you should do is contact the District Attorney's office and ask to speak with the DA that requested the protective order. You should inform them that you no longer wish for the protective order to be in place, there have been no further problems with the defendant named in the protective order and tell them that at a minimum, because you live together and the problems it has caused for you, you would like it to be modified to a peaceful contact order so you can see each other but the defendant can't harass or attack you without being in violation of the order. The DA may agree to go to court with you and the defendant to modify the order so that you can have peaceful contact or terminate the order all together.
Answer Applies to: California
Replied: 7/18/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
You, as the protected person, must contact the DA's office and tell them that you want the order lifted. They will want to talk to you to satisfy themselves that this is what you really want and that you are not being coerced into having it lifted. Good luck.
Answer Applies to: California
Replied: 7/14/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
you need to be contacted district attorney's office and requested the put this on the court calendar. the d a can then request the protective order be lifted . you will have to be there answer the question of the judge but it should go smoothly .
Answer Applies to: California
Replied: 7/14/2011
Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
Sometimes you can write a declaration stating that you do not desire the protective order. The judge may deny the request or he may order that the defendant maintain peaceful and lawful contact with you.
Answer Applies to: California
Replied: 7/13/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    This makes absolutely no sense. If you are the "protected" person, there is nothing prohibiting your presence anywhere. Take your copy of the order and see an attorney.
    Answer Applies to: California
    Replied: 7/13/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    You can file a motion to do so, but the court will want clear evidence it is not needed, and that you are not being pressured or intimidated in this.
    Answer Applies to: California
    Replied: 7/13/2011
    Law Office of Rodney Nosratabadi
    Law Office of Rodney Nosratabadi | Rodney Nosratabadi
    Yes, however a court hearing is required to assess whether the protected person is no longer in fear of his/her safety from the defendant, the protected person has taken and completed self empowerment classes, and etc.
    Answer Applies to: California
    Replied: 7/12/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    In order to attempt to have this protective order lifted a motion must be made by the defendant in the criminal case asking that it be lifted. The lawyer for the defendant would get a declaration from you explaining why you wanted the protective order lifted and you could come to court to testify. The DA will likely oppose the motion and the judge will then decide.
    Answer Applies to: California
    Replied: 7/12/2011
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    You may be able to get that order lifted. However, it is up to the DA and the judge to agree to this. They tend to listen to the victim most of the time.
    Answer Applies to: California
    Replied: 7/12/2011
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