CAUTION! If a protection order has been entered against you, DO NOT VIOLATE IT! Violation of a protection order is a crime punishable by fines and imprisonment. It is also a civil contempt of court.
If someone has obtained a protection order against you, you have a couple of options. You can file a motion asking the court to dissolve or modify the order, or you can appeal from the court’s grant of an extended protection order.
Q&A – Protection Order Motions And Appeals
What is a “motion to dissolve,” and what happens if I file one?
If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to “dissolve” (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing. If the court schedules a hearing and grants the motion, the protection order will become immediately void and unenforceable. A protection order can only be dissolved by the court.
What is a “motion to modify,” and what happens if I file one?
A motion to “modify” (change) the protection order is typically filed when the adverse party believes that the protection order is too broad or that the protection order is too burdensome. After you file the motion, the court will decide whether to schedule a hearing. A protection order can only be modified by the court.
Form for Dismissal of Protection Order
What is an “appeal,” and how would I file one?
If the court issues an extended order for protection, the adverse party can file an appeal to the district court. (There is no appeal allowed if the court denies an application to extend a protection order, only if the court grants the extension.) The district court will typically not hear new evidence on an appeal. The court will review the documentation and other information that was presented to the justice court in order to decide whether the justice of the peace made any error of law in granting the extended protection order. The district court can affirm, modify, or vacate the justice court’s order. (In other words, the district court can keep the order in place, change it in some way, or do away with it completely.)