Vacation vs. Dismissal of a Restraining Order

If you have had a restraining order taken out against you, whether in the past or present, you know how powerful the impact on your life can be, even outside of the direct restrictions on your life placed in your specific order by the judge. Having a restraining order on your record can influence how you are treated by law enforcement officers and employers and can affect your eligibility under certain state institutions. Additionally, your criminal history is public, which means that any prying eyes can make judgments about you and your character. There are avenues available for you to be freed from these negative influences, but before taking action, you should understand the difference between vacation and dismissal.

Why Does the Difference Between Vacation and Dismissal Matter?

In some cases, the difference between vacation and dismissal does not matter much. However, for restraining order cases, depending on when the order is dismissed, vacation and dismissal can have entirely different consequences for the respondent. If the case and accusations are dismissed prior to the serving of an order of protection, the effect on the respondent will be similar to that of a vacation, as they would never have been found liable of the accusations because the case was never perfected due to a failure of the Court to have jurisdiction over both the parties.

However, if the respondent was served and the case was dismissed later, at the request of the petitioner or otherwise, it may have a different legal effect. Vacation of a petition is entirely different from dismissal.

How is Vacation Different From Dismissal in Order of Protection Cases?

In the case that there is a dismissal after a respondent has been found liable by a judge, the accusations are not rescinded. This means that even though the case may be sealed, the restraining order remains on the record along with all of the negative effects that these facts represent. Though the dismissal will rescind the protections written into the order for the petitioners, it will not change the legal accusations that have been made against you.

Vacation in this circumstance is entirely different. A vacated judgment means that the prior judgment is nullified and legally erased. This means that there will be no entry of an order on your record, and the negative effects of this history will be nullified.

This means that if you wish to reverse the impact on your life of a restraining order, you must either fight to have the case dismissed before you are found liable or seek out a vacated judgment by proving that you were unjustly found liable. The latter is difficult, so seek out a talented lawyer for assistance.

Contact an Experienced Lawyer Today

Do not delay in acquiring legal help in matters involving your safety or the safety of those you love. Glasgow & Olsson is uniquely qualified to represent you, especially if you need help vacating a restraining order judgment. When you need an attorney, experience matters. Contact us today to learn how our experience can get you the results you deserve.

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