Skip to main content

What are the chances of getting a Order of Protection quashed?

Tucson, AZ |
Filed under: Domestic violence

I am in Dallas,Tx but was served a order of protection from the Tucson City court. I have never committed domestic violence and never made any threats. The petition against me did not say anything about threats or violence.
I ended the relationship on Sunday morning the 23rd and by the afternoon of the 25 Tuesday the Plaintiff had already filed a order of protection against me. How could a Judge think someone could be a harm when they are 1000miles away and has never committed domestic violence and never made any threats. This is pretty harsh because I have been told by the Tucson City court that this will be on my record for life and even if it is quashed it will still be on my record but will read dismissed. I am trying to put a letter together explaining myself. Please advise me

Attorney Answers 2


If you want to quash the OP, you should first request a hearing. It will be up the filing party to demonstrate by a preponderance of the evidence that you have committed the actions alleged. OP's are generally freely given initial, but much harder to sustain at an evidentiary hearing. Bottom line, if the filing party cannot but forth evidence aside from their testimony demonstrating the alleged conduct, then the OP should be quashed.

Mark as helpful


You need to request a hearing immediately and make sure a copy of the request is filed with the clerk of the court that issued the order, and a copy of the request is delivered to the judge and mailed to your ex. You will then need to litigate the hearing and prove that the order should not remain in effect.

Mark as helpful

Criminal defense topics

Recommended articles about Criminal defense

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics