Domestic violence is a topic that many don't want to discuss, yet may hit close to home. Husbands, wives, boyfriends, girlfriends and others can all be subjected to harmful and illegal abuse. Though many Ohioans may think that they can deal with their domestic problems themselves, quite often it is better to utilize the legal system to obtain assistance and the safety everyone deserves.
In our state, individuals can seek a civil protection order to keep themselves safe. Many elements may come into play when a judge decides whether to grant such an order, and the protection may last up to five years. This can put an individual's mind at ease and allow him or her the safe time alone to process his or her emotions and find a pathway to a better future.
But what if one wants to cancel or change a civil protection order? Is it possible to do so? Yes. However, a judge will have to address several factors before ruling on the matter. For example, a court may look at whether the individual seeking to modify or terminate the order is still in fear of the alleged abuser. The nature of their relationship, the circumstances of their living arrangements, whether the respondent has been compliant with the order up until that point, whether drugs or alcohol are in play, and whether the respondent has recently been charged with any violent crimes may be considered.
Deciding to terminate or modify a civil protection order is a big choice and one that should not be taken lightly. Those who have suffered spousal abuse may feel conflicted about wanting to return to their spouse, yet fearing for their safety. In these instances, it may be best to discuss the matter with a family law attorney who may be able to give a clearer view of the big picture.
Source: Ohio Legal Services, "Domestic Violence, Stalking or Sexual Assault: Civil Protection Order Remedies and Procedures," accessed on Sept. 5, 2015