Modifying Howard County Protective Orders

Anyone with a protective order against them can always seek modification for whatever reason. For example, if a protective order says “cannot go to,” for example, “a restaurant” or “the mall” but the other party no longer works there; they can seek modification for that. Modifying Howard County protective orders, however, is only for the person with a protective order against them.

In order for a Howard County protective order to be vacated or withdrawn the actual person that filed it, the petitioner, would have to file to withdraw it and would be set for a hearing. At the hearing, the petitioner would show why they want to recall it and the judge can elect to vacate or cancel it.

It could also be extended if the petitioner files for an extension or it could be modified by either party by filing with the court and generally going in for a hearing but, occasionally, if it is just a minor issue, it can be modified in other ways. Someone wanting to modify or vacate their protective order should speak with a practiced criminal attorney. An experienced attorney can help develop their case towards a desirable outcome when modifying a protective order.

Protective Order vs. Peace Order

Protective orders used in domestic violence incidences are different than peace orders. In Howard County, the difference between them is based on the parties that are involved and what the limitations there are.

A peace order in Howard County could be filed to a stranger if a person has reason to file against them. Instead of a year in duration, a peace order is six months in duration and it does not have the same overbearing restrictions that a protective order has such as forcing someone to forfeit all firearms.

In Howard County, a protective order has certain rights but can make somebody give up their residence to give to the other party, if they deal with child or children custody and even to pets, whereas a peace order is used to ensure somebody is left alone, and it is for a shorter duration.

Impact on Criminal Cases

In Howard County, there are typically independent proceedings for criminal cases but there are ways the protective order can apply to the criminal case. Because the burden of proof is so much lower, it is much easier to get a protective order than it is to get a conviction by the prosecutor. Someone with a Howard County protective order is not entitled to a public defender or counsel because it is not a criminal action; they will only get an attorney automatically if they can afford one or if they are of a low economic means in a criminal case, not for a protective order.

Protective order hearings are generally heard after just one week from the initial filing, so there is a greater sense of urgency. However, modifying Howard County protective orders can be done with the help of a lawyer. There are many variations of both the criminal case and the protective order case but they do not affect one another because they are considered separate proceedings that deal with the same incident alongside one another.