Q: What will happen if I decide not to follow what the EPO says?
A: If an EPO has been entered against you, DO NOT VIOLATE IT! Violation of a protection order is a crime punishable by fines and imprisonment. You should consult with an attorney.
Q: What if I want the charges dropped?.
The Magistrate Court does not have the authority to drop, reduce, dismiss, or consider the non-prosecution of charges pending against any defendant. You must talk to the District or County attorney to have those things considered.
Q: What can I do to make the EPO go away?
A: You may request a modification of the Order. After a hearing, if the Judge grants a change, some things can be changed in the order. The order itself, however, will remain in effect until it expires.
The order may be modified if the court finds:
- that the order has become unworkable;
- a modification will not place the victim(s) at greater risk; and
- 3. the modification will not in any way endanger the persons protected.
If you believe that you are entitled to a modification of the EPO, please complete the following process:
A hearing will be held for the court to consider the Motion after notice to all parties, including the District /County Attorney. You must appear at the hearing or your motion will not be considered.