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