Can a PFA be dropped?
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Can a PFA be dropped?
Only a judge can rescind a PFA. Even if the other party tells you he or she is dropping the PFA, you cannot make any contact before the order has been officially nullified by a judge.
Do I need a lawyer for a PFA hearing?
You must go to the hearing. If you do not show up at the hearing, it may be harder for you to get a PFA in the future. The judge will make a decision after hearing all of the testimony and considering all of the evidence. You have the right to bring a lawyer to represent you at the hearing.
How long do you go to jail for violating a PFA?
The orders cover family members and former or current intimate partners, such as a husband or wife, boyfriend or girlfriend. Sometimes defendants agree to the court orders without admitting guilt. Violating the order is a criminal issue, and it’s punishable by up to six months in jail and a $1,000 fine.
Why would a judge deny a restraining order?
Often a restraining order is denied because the judge believes the petitioner did not show evidence of a serious threat or harm by the defendant. A restraining order may also be denied because the petitioner’s statements are vague, disorganized or overreaching.
What if someone lies to get an order of protection?
Yes, even if your spouse lied his/her way into getting a protective order against you, there is nothing much you can do about it except wait for the court to decide whether to cancel the order or keep it.