(A) All Protective Orders. A protective order may be modified or dismissed following notice and a hearing, upon the Court’s own motion or at the request of a party, if any of the following occur:
(1) Assessments and treatments ordered by the Court have been completed; and/or
(2) The respondent demonstrates behavioral changes which eliminate the risk of a recurrence of domestic violence, violence, harassment, bullying or stalking; and/or
(3) The Court determines that a less restrictive alternative is appropriate because the order is an unreasonable hardship on the respondent. The safety of the petitioner and other protected persons must still be the primary consideration in the Court’s analysis.
(4) The Court determines the petitioner’s request for modification or dismissal is voluntary and informed.
(B) Domestic Violence Protective Orders.
(1) Requirement That Request Be Voluntary and Informed. The Court may not modify or dismiss a domestic violence protection order on the petitioner’s request without first holding a hearing and asking the petitioner sufficient questions to determine whether or not the request is voluntary and knowing. The order may only be modified or dismissed if the Court believes, after the petitioner’s testimony, that the request is voluntary and made with full knowledge of the potential danger that may result from the modification or dismissal of the order.
(2) Petitioner’s Invitation to Respondent Does Not Modify or Cancel the Restraining Order. If the respondent is excluded from the petitioner’s residence or ordered to stay away from the petitioner, an invitation from the petitioner to come to the home or spend time with the petitioner does not automatically modify or cancel the restraining order.
If the petitioner continues to invite the respondent over, or has allowed the respondent to move back into the home, the respondent may file a motion asking that the Court modify the order by removing the no contact or move out order.