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Dismissing your Order of Protection You would need to let the clerk know that you want to do this. If you've already had your court hearing and want to dismiss the Order of Protection, you will need to file a "Motion to Dismiss" the Order of Protection. The Court will schedule a new hearing that you'll have to attend.
They typically include no verbal or telephonic communication or other forms of communication which includes, Facebook, twitter, text messages and even third-party contact (have a friend or family member pass along a message for you) to the alleged victim.
Because they aren't criminal charges, restraining orders will not show up on background checks or criminal records, meaning that they won't be seen by potential employers, military recruiters, or other parties.
A domestic violence protective order remains in effect until 1 of 3 things happen: (1) the charges are dropped by the prosecutor (called a nolle), (2) the charges are dismissed by the Court at trial; or (3) the court grants a motion for modification of the protective order prior to the conclusion of your case.
Cases for Restraining Orders must involve at least 2 incidents of harassment, stalking, or other threatening situations. There is no filing fee. You will also be asked to fill out a complaint and motion. A hearing date will be set for 5 to 15 days from the date you file your paperwork in the Magistrates' Court.
§ 16-3-1750(B) provides that an action for a restraining order must be filed in the county in which (1) the defendant resides when the action commences; (2) the harassment in the first or second degree or stalking occurred; or (3) the plaintiff resides if the defendant is a non-resident of the State or cannot be found.
The temporary order is generally in effect for 15 days at which point a full court hearing will be held for a final order of protection. However, the judge may extend the temporary order if your full court hearing is postponed.