Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for your question.
Whether it is worth attempting to have the protective order lifted really depends on how much of an impact it will have on your life. If the order will not really affect your day to day activities, then it may not be worth it.
Also, courts are VERY cautious in regard to lifting protective orders. There must be a showing that there's no longer a threat or chance of harm, etc. before a court will consider lifting the order. Thus, it may be difficult to overcome the protective order, which could also be a good reason not to spend money fighting it.
However, if the protective order is going to make your change your daily routines, etc., then it may be worth challenging the order and try to prove that there's no danger or threat of harm and that the order should be lifted.
The problem is that these types of claims are based on one's word against the other, and the court is not likely to lift the order if the other personn says that he/she believes there's a chance that harm will occur if the protective order is lifted.
The Judge issued for 6 months until our divorce is final. It will expired May 30, 2013.
Once the ppo expires, what it show as a criminal offense?
If the order was issued as part of your divorce proceeding by the family law judge, it would not show up on your background check as it is not a criminal offense.
If the order was issued by a criminal law judge, it may show up.....but usually, only the offense committed shows up and not the penalty.
So, the protective order should not appear on your background check.
I was not a part of my divorce. The judged issued a 6 moth PPO so I won't have any contact with my ex-wife while we are going through the divorce. PPO does not show up when a background check is initiated?
If the protective order was issued by a criminal law court, the protective order generally doesn't appear on a bankground check - - instead the charged offense does - like harassment, domestic violence, etc. This is so because the protective order is not a crime. Instead, it is a penalty for committing a crime/offense.
If the protective order was issued by a non-criminal law court, then the order would not appear on a criminal background check.
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