Q: How to get a criminal protection order dismissed penal code 136.2

A: To have a criminal protection order under Penal Code 136.2 dismissed, you will need to take specific steps through the court system. Start by reviewing the order carefully to understand the reasons it was issued and the conditions set forth. Gather any evidence that supports your case, such as messages, witness statements, or records showing the context of the incident, especially highlighting your boyfriend’s mental health issues at the time.

Next, file a motion to dismiss the order with the court that issued it. This involves completing the necessary legal forms and submitting them by the specified deadlines. Be prepared to attend a court hearing where you can present your evidence and explain why the order should be lifted. It’s important to clearly demonstrate that the circumstances have changed or that the initial filing was based on a misunderstanding.

Finally, ensure you comply with all court requirements and attend all scheduled hearings. Maintaining clear communication with the court and following the proper procedures will improve your chances of having the protection order dismissed. Keep copies of all documents and stay organized throughout the process to support your case effectively.

A: You should coordinate with your boyfriend's attorney. Local court practices can vary, but generally you should be able to get a court hearing to request a change to the order. Most judges will issue criminal protective orders in almost every case involving domestic violence. The most important aspect of these is to request that the issued order be "no negative contact," which means that you can still be around one another peaceably.