My husband and I split in may, and I filed a temporarily protective order, we have not gone to court to get the permanent order we have a hearing on july 18th. I want to work things out and stay separated but go to counseling to try to work things out but with the order i cant.....How do i go about removing the order?
Child Custody Lawyer
You should speak to an attorney about the facts that led to you seeking the ex parte Order and whether it is in your best interest to dismiss it. If after consulting with the attorney you decide to dimiss the action, the attorney can file a dismissal for you prior to the Court date.
This answer is offered for informational purposes only. It is not offered as nor does it constitute legal advice. This answer does not constitute an attorney-client relationship. Do not rely on this answer in prosecuting or defending against any criminal or civil legal action. Speak to an attorney in your area about how to protect yourself and your interests.
Criminal Defense Attorney
If you are talking of an ex parte protective order, which it sounds like you are, you can just go to the hearing and ask for a voluntary dismissal. You could also simply not show up and it will be dismissed, but this could hurt you should you ever need to refile for a TPO in the future. If there has been violence between you and your spouse I strongly recommend discussing with a counselor or a group like the Partnership Against Domestic Violence before making the decision to abandon the TPO.
Answers and comments to questions are this writer's opinion/s and nothing more. Nothing in these comments or answers should be taken as legal advice. No legal relationship between the writer and any reader has been created. The person asking questions and any others reading these questions and answers should, where necessary, seek legal advice from a licensed attorney in their state.
More than likely you will have to wait until the date of the hearing to dismiss your petition if you are not acting with the assistance of an attorney. Also depending upon the judge to which your case is assigned they may not be willing to dismiss your petition prior to the hearing because of the nature of these types of actions (many people that file for TPO often seek to dismiss them after being pushed to do so by the defendant in the case.)
Remember that until your TPO is dismissed you ARE required to abide by it, having contact with your husband while the TPO is still in effect can have negative consequences for both your husband and yourself.