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Steps Involved in Filing a Motion to Dismiss a Protection Order in Indiana. Once you have identified the grounds for dismissal, the next step is gathering evidence to support your motion. This may include obtaining witness statements, police reports, medical records, or other evidence that supports your claim.
Typically, either the victim or the defendant can ask the court to lift the restraining order. This is usually completed by filing a motion with the court, such as a Motion to Modify Conditions of Pretrial Release or a Motion to Lift Restraining Order.
If you wish to change (modify) the order, you must go back to court and file a petition to modify an order for protection. You will have to explain to the judge what the substantial change in circumstances has been that makes this modification necessary and you will check off which additional protections you need.
If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to dissolve (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing.
You might also be fined up to $5,000, and youll most likely be put on probation as well. If you have already been convicted of similar crimes, the consequences may be harsher. Your protective order violation may be elevated to a Level 6 felony, exposing you to 18 months in jail and higher fines.
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2 Aside from specific situations, the general rule is that you can only appeal to what is known as a final order. In Indiana, a trial courts ruling on a protective order is considered a final order and can therefore be appealed.

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