Ex-wife filed protection order in mid-December using false allegations she made up to police/CPS as primary reason for filing order. How do I go about removing that filing? (Since even though it was dismissed, it still is there on court website just by searching my last name.)
Domestic Violence allegations cannot be deleted from the file. They will always show the allegations. However, the file will also show that the matter was dismissed.
You can't "remove" a protection order. If it was dismissed as you say, it is not effective, but it will remain in the public record. See my AVVO Answers and Legal Guides on DV and vacating court orders for more information about the legal issues raised by your inquiry. Please keep in mind that although my AVVO Answers and Legal Guides are often informative, they are no substitute for legal advice from an attorney you have retained for consultation or representation. Any attorney advising you should be admitted and experienced in the state which has jurisdiction. And remember, there are always exceptions to the general rules. To find my Answers and Legal Guides, click on my photo. On my AVVO home page click on "Contributor Level - View Contributions" or scroll down further and click on "Contribution - Legal Guides" or “Answers.” Scroll down the list of my Legal Guides or do a topic search in my Answers and select those which are relevant to your question. If you like my Answers and Legal Guides, please make sure you mark them as “helpful” or “best answer”. Thanks in advance for your support. © Bruce Clement
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I agree with both attorneys. Unfortunately, once filed, a document becomes part of the file and remains part of the file even if dismissed. If you are concerned about something in particular--for example the temporary protection order showing up during a potential employer's job search--you can always provide a copy of the order of dismissal.
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