Legal Question in Family Law in Washington

can i withdrawal my order of protection?

i filed it august of last year against my husband. he voilated it twice (however never did anything to me I called because I was upset with him and I should not have done this) the first time the violation was dropped and the second one the court date is next week. With a violation on record am I still able to go to the court and remove the order and will this help his court case next week?


Asked on 7/16/08, 7:30 pm

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

Re: can i withdrawal my order of protection?

As I read your question, alarm bells go off in my head because I cannot recall how many times I have heard people in your very same situation later regretting that they acted and obtained a protection order, only to later feel that the restrained person had somehow changed and would not do it again, or that the person who obtained the order had overreacted by filing such an action in the first place.

In your case, ask yourself if you told the truth 100% of the time in explaining the facts of what was done to you that led you to filing the Petition for a protection order in the first place. If you answer yes, you never fibbed or exaggerated, then you would be a fool to now go before the court and declare that you no longer wish to maintain the protection order.

Sure, for a while afterward things will be rosy and you'll feel very comfortable around each other. In time though, that will pass and tensions will rise between you and your spouse, and the next thing you know a new incident will occur and you'll call the police and go before the court seeking a new order. When your spouse shows up for the return hearing, they will remind the judge how you have previously admitted overreacting or exaggerating the facts to obtain an order for protection only to later recant and have the order dismissed. Your spouse will portray you as someone who makes poor decisions in the heat of the moment when you no longer can get your way, so to make the other person completely miserable, you call the cops and file frivolous protection orders.

That may lead to your next petition being dismissed. Bottom line: you need to think long and hard about what you are proposing doing. I'd tell you to get in touch with a counselor and a lawyer if you can afford one and figure out whether you are acting on emotion or logic as you make this decision.

Changing your mind is no problem now, it's only later when he does something to you and you need a new protection order, when you say to yourself that you were a fool to drop this current protection order.

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Answered on 7/16/08, 8:02 pm


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