Modifying a Birmingham Protective Order
Protective orders are usually put in place after a case of domestic violence. The order is to protect the alleged victim of further abuse from the offender. Once a protective order is put in place, there are numerous ways for it to be vacated or modified. For more information regarding modifying a Birmingham protective order, contact an experienced attorney today.
Circumstances a Protective Order Can be Vacated or Modified
If the protective order is within the context of a protection from abuse, the court can dismiss the petition if the individual does not prosecute that case, or if they do not come to court or inform the court they no longer require protection from abuse.
Whenever the court finds there is no factual basis for the order to remain in place, then it can be dissolved or resolved favorably. If the protective order is within the context of a bond on a criminal case and the criminal case is ultimately resolved, dismissed, found not guilty, or possibly reduced, then any orders within the bond would be nullified by the resolution of the case.
In a domestic violence charge, a spouse is prohibited from any contact with their spouse. But because they have common property, children, or daily life issues to deal with, they do need to communicate. A lawyer can file a motion to modify the bond conditions, so the defendant would not be restricted under certain conditions.
Length of Protective Orders
The type of protective order issued dictates how long it lasts. Most protective orders are limited in nature to give a person a right to have a hearing as to why the protective order should either stay in place or be absolved or dissolved. Certain protective orders can be made permanent, such as within a protection from abuse, a mutual restraining order, or a unilateral restraining order in a divorce case.
Protective orders that are placed in bond conditions dissolve at the conclusion of the case, but depending on what the outcome of the criminal case is, that protective order could be made permanent within a sentencing order of a court. There are ways in Alabama that protective orders are made to last a lifetime versus other protective orders that can be as short as seven to 10 days.
Changing Protective Order Conditions
In Alabama, protective orders can be changed or extended on a case-by-case basis. Within a hearing, the judge can change or extend the conditions. The parties could agree mutually to change or extend the conditions or the alleged victim, complainant, or the government would file a motion or request to change or extend the conditions. Every protective order is a unique, case-by-case evaluation, but there are many different variables when a protective order could be changed or extended.
How an Attorney Can Help
The first action someone should take after being faced with a protective order is to seek the services of an attorney. A lawyer could assist the defendant with modifying a Birmingham protective order so that it is fair and reasonable for the individual. Call today to schedule a consultation.