I am curious as to how other counties may handle this issue. We get calls every now and them from protective order applicants whose orders have been granted that want us to vacate the order. I have always said, no way. Get a private attorney if that's your desire. Now we actually have been copied (on two different cases) by private attorneys that have filed motions to vacate for these applicants. Procedurally, should they actually be filing a motion to substitute counsel first? Are we still a party? We have applicants sign an agreement that should they desire we drop the application in the process(not actually vacate the order), then they are required to attend family violence counseling at our local shelter first. i think this is worth arguing to the court. And, also worth noting, on both of these cases, the respondents never paid the court costs for the protective order as ordered. any thoughts are appreciated.

[This message was edited by Dee Belknap on 02-15-11 at .]

We tell them that either they or the Respondent will have to hire an attorney or figure out what to file themselves in order to get the Protective Order vacated. When this has happened, I always refuse to sign an agreed order, but I don't necessarily fight it tooth and nail.

I always tell the applicant that he or she will have a mighty hard time ever getting another protective order from my office if they do allow it to be vacated.

Yesterday during a protective order hearing, the judge asked the applicant if she was ever going to come back to court to ask for the order to be vacated. She replied, "No," and the judge proceeded to warn her that she would be subject to a charge of aggravated perjury if she ever did.