Legal Question in Family Law in Utah
My Ex successfully obtained a permanent protective order against me almost two years ago. Having the order in place has caused various issues with parent-time and also work. Without fail, I get stopped by US emigration when re-entering the country from business trips. .Each time, I'm asked if I'm aware of the order and also if I'm traveling with the petitioner. Then sends me on my way. I've missed my connecting flight multiple times because of this.
I'm very eager to have the order dismissed and hope to to schedule a court date as soon as possible after the two year is up.
My question is about the dismissal itself. Do I need to vigorously prepare for the dismissal hearing or is dismissal fairly assured provided there have been no violations during the two years. The law doesn't seem to provide clear guidance on the dismissal criteria. The two years definition seems more like an "eligibility for review" time-frame rather than an expiration date. Considering the low standard of proof/evidence required to obtain the order in the first place, I'm concerned the judge/commissioner may choose to leave the order in-place if my ex requests it.
To be clear, there have been no violations of the order during the two years and the supposed DV incident my ex used to obtain the order was not seen as credible by the police and was not pursued.
I would be very interested in hearing any insight regarding the dismissal process and what is seen a typical for a situation similar to mine.
2 Answers from Attorneys
You should prepare pretty thoroughly for the hearing as dismissal is not assured by any stretch of the imagination. If your ex appears at the hearing and is able to persuade the court that she still feels she needs the protective order and is able to articulate the reasons for it, the court may very well keep in in place. Youre impression that the two year mark is more for and eligibility review is correct. On your side, if you can demonstrate to the court's satisfaction that you have virtually no contact with the Petitioner and have nothing to do with her or have any interest in doing so, the court may very well dismiss it. Also, it might be helpful to point out the problems it is causing for you relative to your business travels.
If the allegations were not credible at the time of the incident, the court may review the PO and dismiss the order. You will need to be prepared. If your ex will agree to have the PO dismissed it would make the path almost certain.
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