This is the next post in our series on how Protective Orders impact family law matters in Little Rock, Arkansas. Our last article discussed how parties should conduct themselves after a TPO has been issued. It is important to understand that violating a TPO may result in an offending parent finding their child visitation reduced and possibly placed under a requirement of supervision. If you have questions as to how you should proceed, after an Order of Protection has been issued, then contact an attorney as soon as possible. In this article we will discuss the process of challenging a Protective Order after it has been issued by the Court. If you or a loved one are in need of assistance then contact our office today to speak with a lawyer.
There are several reasons why a party may wish to challenge a Protective Order, and request that it be dissolved, after one has been issued. These reasons may include the Order having been issued on the basis of false or fabricated evidence. They may also include the complaining party having engaged in conduct, since the Protective Order’s issuance, which shows that it is not necessary. Such conduct may include the complaining party’s contacting the accused person, or having others initiate such conduct. There are several other fact patterns which may justify the recission of a Protective Order. How a Court will view any particular situation will always depend on the specific facts of the case.
The first step in requesting that a Protective Order be dissolved is for the requesting party to file a Motion with the Court. This is a formal document in which the party will state that they would like the Order rescinded, the legal basis for their request, and any evidence (such as documents) which support the request. The more specific and detailed the Motion is, then the more likely a Court is to grant the request. After the Motion has been filed, a hearing will be held. The attorneys for each side will argue the merits of the case and the Court will issue a decision. The Court will have multiple options available to it. These options include denying the request, granting the request, or possibly leaving the Protective Order in place with certain modifications.
If you or a loved one need assistance with dissolving a Protective Order then contact our office today to speak with a Little Rock TPO attorney. Our lawyers believe that everyone is entitled to aggressive representation. We take pride in the level of service we provide and will give your case the attention it deserves. Call today to schedule an initial consultation. We also handle matters in Fayetteville, Fort Smith, Springdale, Jonesboro, North Little Rock, Conway, Rogers, Pine Bluff and throughout the rest of Arkansas.