How to Vacate an Order of Protection
An order of protection can be issued if you have been involved in some type of domestic violence. If you place an order of protection against someone, they cannot contact you in any way, directly or indirectly. If you have an order of protection that you now want to vacate because you are no longer having problem, you can do so following a few guidelines.
- Fill out and sign a Petition that requests the Order of Protection be vacated.
- Complete the top port of the Notice of Hearing and then sign it. The Circuit Clerk’s office will provide you with the date and time when you file it.
- Take the Notice of Hearing and Petition to the Circuit Clerk’s office to get the date and time for the hearing before a judge that is assigned to you. They will give you an assigned date within 7 days of the filing.
- Mail a copy of the Notice of Hearing and Petition to all people involved at least 7 days prior to the hearing date. Make sure all attorneys receive a copy of the documents also. You will need to complete a separate notice for each person involved, as each will need to have the same thing mailed to him or her separately.
- Complete the bottom part of the Notice of Hearing to verify the date it was mailed. You will need to bring this Notice of Hearing on the date of your hearing and present it to the presiding judge.
- Complete the Order prior to your scheduled hearing date. This will also need to be presented to the judge on your scheduled hearing date.
- Appear to the court on time at the scheduled date and time that is indicated on the Notice of Hearing.