QUESTION
Can I retract a protective order to work things out with my partner if it has not yet been made a permanent order?
Asked on Aug 15th, 2019 on Domestic Violence - Utah
More details to this question:
After having some issues with my long time boyfriend with the help of an advocate I filed for a protective order. We do not live together nor do we have kids together but we have been together for 7 years. I am very appreciative for her help but I am concerned with the way she worded the statements in the petition and would like to be able to work things out in my relationship or resolve them without criminal charges being filed. I was unaware of how my statements could be used at the time. I want to know if it is possible to retract the protective order and statements made before it goes to court to be made permanent. I do not wish for him to go to jail and I feel they may being trying to file charges of domestic violence against him because of his criminal history. I did not know that could be used against him the issues mainly were caused from text messaging being misunderstood and miscommunicated. Is there a way to rectify what I have done.
1 ANSWER
Family Law Attorney serving Salt Lake City, UT
at
David R. Hartwig, Esq.
Update Your Profile
You are confusing a protective order with criminal charges. The two are very different.
Your protective order is there for a reason. Without seeing the order, and your claims, no one can advise you about changing things. You really should consult with an experienced family law attorney before the hearing, as, if appropriate, you might be able to change some of the claims and resulting order.
As to the criminal charges, those are controlled by the district attorney, and you cannot influence them. If that office decides to file charges, it is their case and not within your ability to control.
With the protective order, it is possible to attempt to work things out with your partner, through mediation. Again, you need to get with an experienced family law attorney to ensure the wording of the order is correct. Then, if you work out all of the problems, you can dismiss the protective order at a later date.
You need to get with an aggressive family law attorney who has experience with protective orders, mediation and difficult cases. I know what these cases are like, having handled a number. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone my office.
David R. Hartwig
801-486-1715
Answered on Aug 16th, 2019 at 7:23 AM