Attorney Discusses Removing Protection Orders in Gillette
If someone has obtained a protection order against you, it can have a negative impact on your life. You will constantly be looking out for where you are going and potentially be faced with the inconvenience of not being able to go where you need to, such as your job, your favorite neighborhoods, and even your college. However, after a certain amount of time, these orders may become unnecessarily restrictive to your freedoms.
You don’t have to live with the restrictions of a protection order for the rest of your life; a skilled Gillette criminal defense attorney may be able to help you petition the court to have your protection order modified or removed. At Steven Titus & Associates, P.C., we strive to see all of our clients get the results they look for in their cases. Attorney Steven Titus has helped clients through many different charges and legal proceedings, including petitioning for protection order modifications.
Call Steven Titus & Associates, P.C. at (307) 257-7800 for more information about modifying or dissolving protection orders in Campbell County.
The state of Wyoming acknowledges three types of protection orders under the law:
- Domestic Violence Protection Orders
- Stalking Protection Orders
- Sexual Assault Protection Orders
Each type of order has a unique definition that explains what circumstances a plaintiff can petition a court for the order, but they all provide the same general restrictions and penalties for violations.
Protection orders often come in two forms: ex-parte and final orders. Ex-parte orders are temporary orders provided by the police to victims of domestic violence, stalking, or sexual assault, and last up to 72-hours or until the end of a hearing with a judge. If someone has filed a temporary order against you, you are required by law to attend the hearing, where you can state your case. You are also entitled to an attorney and should contact one to ensure you receive a fair defense.
If the judge deems that the order is necessary for the safety of the plaintiff, then they will sign a final order. This order can last up to three years and are often more restrictive than temporary orders. If you share a residence or live in the same vicinity, you will have to move. In addition, you may have to change your daily routine and even change jobs if it could put you at risk for violating the order.
Protection orders can be requested by plaintiffs who are afraid another individual will harm or abuse them. Plaintiffs do not need criminal charges on file to request an order. Often times, protection orders can precede a criminal trial. In addition, courts may require a protection order during a criminal trial if the judge suspects a defendant is a threat to a witness or plaintiff. Crimes most commonly associated with protection orders include:
- Domestic battery
- Sexual assault
- Aggravated assault and battery
- Aggravated robbery
- Assault with a deadly weapon
- Attempted murder
While protection orders are often presented against adults, minors and juveniles may also be subject to a protection order if the charges are serious enough.
If you willingly made contact with the plaintiff or violated the order’s restrictions, such as the amount of distance between you and the plaintiff, the plaintiff is allowed to contact the police and have you arrested. This can lead to a misdemeanor charge of violating a protection order and result in:
- Six months in a county jail
- A $750 fine
In addition, the plaintiff may also file for contempt of court charges, as violating a protection order during a civil or criminal case is considered a direct violation of a judge’s orders.
The restrictions put in place by a protection order can last for years and put undue pressure on an individual to avoid accidentally violating an order, especially if they live in the same areas as the plaintiff. That is why it is important to discuss your case with an experienced criminal defense attorney who has a successful track record of defending clients in Campbell County.
There are two ways to change a protection order that has been filed against you: modification or dissolution. An attorney can help you choose which type of change is right for your situation and then petition the court properly.
A “motion to dissolve” is when you feel as though the protection order filed against you was done unnecessarily or is no longer needed. This motion essentially requests that the court terminate or cancel the order, rendering it void and unenforceable.
A “motion to modify” changes a protection order when you feel as though it is too restrictive or broad, providing you with an unnecessary burden. After you file a motion, the court will decide whether to schedule a hearing to modify the order.
In both cases, a modification or a dissolution can only be performed by the court. In order to have your petition considered, be sure it is vetted or prepared by a skilled criminal defense lawyer. Get help modifying protection orders against you by contacting Steven Titus & Associates, P.C. at (307) 257-7800 today to request a consultation.
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