Last Updated on July 31, 2023 by david harnold
A protection from abuse order is a court order that protects an individual from abuse, harassment, or stalking by a family or household member. In some cases, a PFA order may be necessary to protect an individual from further harm. However, there may be instances where a person who is subject to a PFA order wants to modify or lift the order. In this article, we will explore the circumstances under which a PFA order can be modified or lifted.
Modification of a PFA Order
A PFA order can be modified if the circumstances that led to the issuance of the order have changed. For example, if the person who filed for the PFA order is no longer in fear of harm, or if the person who was subject to the order has completed a court-mandated counseling program, the court may consider modifying the order. However, the burden of proof falls on the individual who is seeking to modify the order. It is important to note that the court has the discretion to deny a request for modification of a PFA order.
Lifting a PFA Order
A PFA order can be lifted, or terminated, by the court if the circumstances that led to the issuance of the order no longer exist. In order to lift a PFA order, the person who is subject to the order must file a motion with the court. The motion must provide evidence that the conditions that led to the issuance of the order have been resolved, and that the individual is no longer a threat to the person who filed for the order.
It is important to note that lifting a PFA order is not always a straightforward process. In some cases, the person who filed for the order may oppose the motion to lift the order. The court will consider several factors when deciding whether to lift a PFA order, including the safety of the person who filed for the order and any children involved.
A Protection From Abuse order is an important legal tool that can protect individuals from abuse, harassment, or stalking. While the order is in effect, the person who is subject to the order must comply with all of its provisions. However, if the circumstances that led to the issuance of the order have changed, or if the person who filed for the order no longer needs protection, it may be possible to modify or lift the order. If you are seeking to modify or lift a PFA order, it is important to consult with an experienced family law attorney who can help guide you through the legal process.