Tuesday, 17 March 2015

If a dvpo is in effect in a civil case and a motion to set aside is filed and is granted, can a judges ruling involving the continuation of ...

Question

If a dvpo is in effect in a civil case and a motion to set aside is filed and is granted, can a judges ruling involving the continuation of the no contact between the other party involved , in a criminal case, be upheld or will it be dismissed when the DVPO is set aside?



Answer

Most likely an order of 'no contact' in a separate criminal case will remain in effect even if a separate DVPO is set aside. In any event, in a situation like this, you would expect it to be common sense for the parties to stay away from each other without the necessity of the Court (funded in part by MY tax dollars) having to step in like a babysitter for supposedly grown individuals. However rarely in situations like this, do the involved individuals possess common sense.



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