In some instances involving alleged domestic violence, courts may issue permanent protection orders. Even if there are no intentions to contact the protected party, a respondent may find an ongoing protection order to have other consequences and seek to terminate it. The court is to consider nine factors to determine if a substantial change in circumstances supports termination of the protection order. Only factors that address whether the respondent is likely to commit domestic violence acts against the other party in the future are to be considered. The respondent has the burden of showing the substantial change in circumstances by a preponderance of the evidence.
A man recently sought termination of a permanent protection order. According to the appeals court opinion, the man’s wife filed for legal separation and a one-year protection order after he assaulted her in 1996. The divorce decree prohibited each party from going to each other’s homes or workplaces.
In 2002, the ex-wife sought a protection order against her ex-husband on behalf of herself and their children. She alleged that he had behaved aggressively toward their son, but he denied any abuse. The court entered an ex parte domestic violence order of protection.