What would happen if I tried to drop aDVOissued against my husband?

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What would happen if I tried to drop aDVOissued against my husband?

He had started doing cocaine. When I found out we had a confrontation and it resulted in his putting his arm around my neck. I went the next day and took out an EPO because I was scared of what he was capable of on drugs. The judge granted me a 3-year DVO without me asking, and no visition with the children. He is now clean but its only been 2 months. I really want to make choices for myself. What would happen if I tried to drop it?

Asked on April 18, 2011 under Family Law, Kentucky

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A Domestic Violence Order ("DVO") is issued by the court for the protection of a spouse.  They may be issued for up to 3 years.  If there is any reason to change a protective order, such as a DVO, you must first return to the circuit clerk's office and file a "Motion for Amendment".  Failure to do so may result in a penalty against you.  In your case, since the court was concerned enough that it issued the order for the maximum amount of time allowed, and the fact that your husband has only been clean for 2 months, the order may or may not be changed.  It will be up to the judge's discretion.  However, I'd advise that you wait for at least another 4 months (6 months total) before even thinking about going back to court.  You will want to show that your husband has remained clean and sober for some extended period of time (and even 6 months may not be enough).


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