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Roger
Roger, Lawyer
Category: Criminal Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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I recently had a Personal Protection order issued a gainst

Customer Question

I recently had a Personal Protection order issued a gainst me for 6 months. Is it worth the time a money to fight it?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Roger replied 1 year ago.

Hi - my name is XXXXX XXXXX X'X 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.

Customer: replied 1 year ago.


The Judge issued for 6 months until our divorce is final. It will expired May 30, 2013.

Expert:  Roger replied 1 year ago.
Getting the judge that issued the order to lift it before the divorce is final would likely take a showing that there is no longer a need for the order - - which would probably require a showing that you have moved away (to another town, state, etc.) or it would take your spouse asking the court - along with you - to lift the order.
Customer: replied 1 year ago.

Once the ppo expires, what it show as a criminal offense?

Expert:  Roger replied 1 year ago.

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.

Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 25995
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 9 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.


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?

Expert:  Roger replied 1 year ago.

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.

Customer: replied 1 year ago.

Thanks Kirk

Expert:  Roger replied 1 year ago.
No problem.

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