QUESTION
What happens to the protection order if both parties have an ex parte restraining order and one violates the ex parte and can it be dismissed?
Asked on Oct 31st, 2012 on Divorce - Michigan
7 ANSWERS
Cohabitation Agreements Attorney serving Cincinnati, OH
at
Cathy R. Cook, Attorney at Law
Update Your Profile
Your question is a bit confusing. Each order is separate. Each violation can be both prosecuted as a crime and found to be a contempt. If the person who brought the protection order doesn't want to continue it, it can be terminated. However, criminal prosecution of the violation is up to the state.
Answered on Nov 02nd, 2012 at 9:53 PM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
Your question does not seem to make sense with the limited information. Generally, an ex parte order is only temporary until a hearing to decide whether or not it should become a permanent order can be held. Whether someone violates the ex parte (temporary order) really has no direct significance to the question of whether it will become permanent except that the violation may help show why it should be permanent. In most cases, an ex parte order can be dismissed without being made permanent.
Answered on Nov 02nd, 2012 at 1:40 AM
Leonard A. Kaanta
The only person who void the restraining order is the judge who issued it.
Answered on Nov 02nd, 2012 at 1:38 AM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
If one party violates you must let the court know. Both parties can drop their restraining orders at the hearing but I wouldn't trust the other side to say they are dropping theirs so go to the hearing. Be prepared to defend against it and also to argue for yours. If in doubt see an attorney to do it properly with a stipulation. Restraining orders have too many bad consequences to play around with them.
Answered on Nov 02nd, 2012 at 1:32 AM
Suzanne H. Lombardi
Usually in Alaska a restraining order is not granted to both parties. If one party has violated the order then your best option would be to call the police and report it. In Alaska it is a crime to violate a restraining order. At the long term hearing you can ask that the person who violated the order have his or her order dismissed. Oftentimes it is a good idea to have an attorney with you so you can make sure that your arguments come across succinctly and professionally.
Answered on Nov 02nd, 2012 at 1:30 AM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
If either party violates they can be criminally prosecuted. The cases are dismissed when the petitioner does not show up for the hearing and present sufficient evidence that a permanent injunction needs to be entered
Answered on Nov 02nd, 2012 at 1:27 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Neither party should violate the orders in place. If you what them dismissed you MUST petition the Court issuing them to do so, otherwise you are begging for trouble.
Answered on Nov 02nd, 2012 at 1:08 AM