Can we dissolve an order of protection?

[molizzachik]

My ex boyfriend, and I were together for two years. We decided to break up because of one reason or another, but remained friends. I filed an order of protection because he was harassing me via email and by text message after I started harmlessly dating someone else. I provided the court with the documented evidence. I was over the constant harassing. During the court hearing the judge ruled that we should both seek some sort of mental health counseling, and one year order of protection. I provided very little evidence and was surprised that the order was even granted. I didn't take this as a joke, but I wanted something to stop the constant harassing. After the order of protection was put in place. We both respected each others space and moved on with our lives. We have both sought counseling. We have the same group of friends, and regardless of the RO we both knew we were bound to run into each other at some point. Two months after the injunction was ordered we saw each other, & had a long conversation. Legally he violated the terms as did I. Our relationship was in no way violent. He never put his hands on me, and we rarely fought. When we did argue it was usually over something worth arguing about, again it was very rare. We truly do love each other very much, and wished that we could take this all back. We have both agreed that we want the order dropped and us to seek counseling together to work on our relationship issues. Is this a valid reason to file for a dismissal, and is there the possibility that he/both of us could be held in contempt of court for violating the order of protection?

 

[Proserpina]

I want you to do something for me, if I may beg the favor?

Please re-read your post as if you were a perfect stranger reading it for the first time.

There is a reason why I'm requesting this. Please humor me?

 

[molizzachik]

'Distinguished Scholar' Proserpina,
I know it sounds completely insane, and I am totally aware of this fact. I'm just being honest. I don't need to be belittled for something that is genuinely a problem for me. Although it may bare no concern to you considering that instead of answering the question you responded with a snide remark. Thank you for all of your assistance. There I humored you. If you have some honest advice that doesn't include sarcasm it is welcomed. I am an intelligent person who sometimes makes mistakes in life. Forgive me I'm human, and unable to be perfect at all times like the few privileged people that walk this earth.

 

[army judge]

Yes, both of you could be held in contempt for violating the order. But, if neither of you blabbed, who would know? Being held in contempt isn't the problem, being found out isn't the problem, a confrontation necessitating police presence could be a problem for him. It might also be one for you.

One day, you might require an order. Do you want to be labelled as a person crying wolf?

If you want the order lifted, you'll have to petition the court to lift it. But, a judge will still want you to complete counseling before lifting the order. So, until it's lifted (if you choose to go that route), you'd both be smart to obey it. If you sneak around, you'll likely to get caught and exposed. He'll be arrested, and you'll be cited for contempt. Don't take that chance.

Now, you're wondering why this is a big deal. Because, if something went haywire, and one of you winds up dead or maimed, it becomes a very big problem. You never know, so I suggest you do this the right way. Good luck, and Proserpina wasn't ridiculing or being sarcastic. She was being very helpful. Think about it, it was an excellent approach.

So, to prove her point, ask a good friend or relative to read your question and see what advice they give you.


Sent from my iPad3 using Tapatalk HD

 

[molizzachik]

Thank you for your help. For now we have broken off all communication. I feel it best to ride out this one year that we have to be apart. I think it will be good for the both of us. The last thing I want to do is have anyone in my family or one of our friends finding out that we have talked. That is why I haven't asked anyone for I know for advice in this matter. I don't want him or I to get reported. Again, thank you for the complete stranger point of view it was very insightful.