Vacate Orders

Protective orders can be vacated, or dismissed, when there is no longer a threat of domestic violence. The abuser must file a motion to have the protective order vacated. The court will consider:

  • If the victim consented to dismiss the protective order
  • If the victim fears the defendant
  • The nature of the relationship between the spouses today
  • The number of times the abuser has been convicted of contempt for violating the order
  • If the abuser struggles with drug or alcohol abuse
  • If the abuser has been involved in other violent acts
  • If the abuser has gone to therapy
  • The age and health of the abuser
  • If the victim is acting in good faith when opposing the request
  • If a protective order between the two spouses has been issued in another jurisdiction
  • Any other factors deemed relevant by the court

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