How to Cancel or Dissolve a Temporary Protection Order

[ivann]

My question involves restraining orders in the State of: Virginia

Hi

I need an advice. My wife filed for temporary protection order. But we want to cancel/dissolve it on hearing.
CPS also involved. Wife wants to come back. She was over emotional those days.
How difficult is it? Do we need a lawyer?
What is the best/ worst outcomes?

Thanks
I

[aardvarc]

My question involves restraining orders in the State of: Virginia

Hi

I need an advice. My wife filed for temporary protection order. But we want to cancel/dissolve it on hearing.

If that means you've been talking to her, you're already in violation of the order, and that's not going to put the court in a good mood. Even if SHE initiated any contact, when you say "we want to" you basically tell the court that you've violated the ORDER.

CPS also involved.

Be aware that if her petition for the order included describing ANY sort of violence, and the children were home at the time, there is an increased risk that an attempt to withdraw the order could start CPS on an investigation to determine if the children should remain under her care. Google the term "failure to protect".

Wife wants to come back. She was over emotional those days.
How difficult is it? Do we need a lawyer?

Considering that you may have already violated the temp order, and that there is possibility of loosing custody of the children, yes, you need an attorney. And the attorney should be the ONLY one talking to her until the hearing unless you have some particular affinity for the food at your local jail.

What is the best/ worst outcomes?

Thanks
I

Best? You both show up at the hearing, she manages to convince a judge that with ZERO contact with you, she has suddenly come to a great realization that she over-reacted and she wants to take another stab at this relationship, the court drops the matter, and life goes on as usual (hopefully with one or both of you getting into some counseling or drug/alcohol treatment, or whatever to prevent this situation from recurring). A second time around isn't going to go as smoothly, even in BEST case scenario.

Worst? The judge orders you to be taken into custody on the spot for violating the temp order, then gives her some grief for playing around and filing and then wanting to drop the order, then issues a criminal no contact order which can last a year or longer (based on the arrest for violating the temp order). The rest is dependent on what CPS does or doesn't do - and they tend to prick up their ears and aggressively investigate cases where a restraining order has been violated and there are children involved. As far as CPS is concerned, once some level of abuse has been alledged, they don't care if an adult wants to return to an abusive environment, but they most certainly WILL care if they feel the CHILDREN are going to be re-exposed to an abusive environment. Of course without seeing what your wife said to GET the temp order in the first place, we can't really give much guidance on the odds here. It's also possible that CPS would mandate some sort of supervised visitation until their investigation is complete.

[ivann]

There was no contacts. We know all trough friend. What if we just don't go to court?

[aardvarc]

Passing messages or negotiating through a friend could STILL be considered a violation. Be VERY VERY careful - ANY type of communication, carrier pigeon, ESP, or astral projection...it's ALL still a violation. If you don't go to court, the order issue will drop. CPS will have their own ideas on the matter.