A protective order can be modified by petitioning the court. It is essential to know that this is not a fast process. It could take up to one to two months before a hearing is granted, and it will be up to the judge to decide whether or not that protective order can be modified.
Modifications cannot be done without going to court and they will only be done after a judge has reviewed the evidence that is presented in court where both parties have the opportunity to be present.
A protection order can be modified in the court in which it was originally issued. If a person is seeking to have it modified, they should consult the advice of an experienced protective order attorney. The lawyer will go to the clerk’s office of the appropriate court to file a petition to have the protective order be modified.
Read below to learn more about modifying a protective order in Mecklenburg County.
What Modifications Can be Made to an Existing Order?
Almost as many modifications as one can imagine can be made to the existing order. The order can change from no contact at all to peaceful and lawful contact, or to contact only necessary for the exchange of custody of children, for instance. There are many ways in which a protective order could be modified. If a person would like to have their protective order modified, they should speak to a seasoned lawyer about their options with modifying a protective order in Mecklenburg County.
A Protection Order Can be Modified Without the Consent of the Petitioner
A protection order can be modified without the consent of the petitioner. If the respondent files for the protective order to be modified, and a hearing is held, the judge could decide to modify the protective order even if the petitioner objects. An order could be modified and still stay in place without it being overturned.
Types of Evidence Introduced at a Hearing
An evidentiary hearing is necessary before an existing protective order will be modified. The court will hear evidence from both parties and decide whether to modify the existing order.
If the petitioner was continuing to reach out to the respondent and the respondent was unable to respond because of the protective order, that could be evidence the judge would find useful in deciding to modify the protective order. If the current protective order was interfering with the respondent’s rights to have custody or visitation with their children or if the protective order interfered with other court orders, all of that could be evidence that would lead to the modification of protective order.
Defendants should document anything that they think might be relevant to the modification of the protective order. Then they should present those documents to their attorney, who will be in the best position to decide which documents are relevant and most persuasive to bring to the hearing.
Call today to learn more about how a lawyer could help you with modifying a protective order in Mecklenburg County.