This week, our family lawyers talk about protective orders and if they can be rescinded before the final hearing.
The Question: I have a protective order against my boyfriend. Can it be lifted before the next hearing?
There was a protective order put in place to "protect" me from my boyfriend. (Domestic Violence) But I didn't know this was going to happen. And now I can't have contact with him. Is there any way around this before the next court date? Can it be lifted immediately?
The Answer: You cannot lift a temporary protective order after it is issued. The time to rescind the order is at the next hearing.
In Maryland, our courts treat domestic violence with caution. Temporary protective orders are issued after hearing evidence from one party, usually the abused. The good thing for you is that the order is only temporary, as the name implies. You cannot get the order removed until a hearing is held with both parties present.
These temporary protective orders last about 7-10 days when the final protective order hearing is held. The final hearing is where the court gets to hear both sides of the story and will decide to further extend the protections by issuing a final protective order or rescind or remove the order.
At this hearing, you will have the chance to "lift" the order when you present evidence as to why there shouldn't be a protective order. Before this hearing, the temporary protective order will be enforced and cannot be rescinded.
You need to obey the temporary order, too, because you could get your boyfriend into further legal troubles with criminal charges by not doing so.
Our automatic disclaimer: We're lawyers, but not necessarily your lawyer, and do not represent the individual who asked this question. We're providing this information for general educational purposes based on the publicly available information provided by the anonymous Internet user. Any number of details may change how this individual's attorney may pursue this legal situation, differently from how we suppose above. If you have a similar question, then you should consult with a lawyer about your specific situation to get a "real" response!