Protective Order Question

[Thales]

What is the name of your state (only U.S. law)?
Alabama

My wife up and disappeared after a heated argument in which she shoved me and we yelled at each other, I was worried that she would try to take or destroy our possessions. I went to the county courthouse in Bay Minette today and filed a PO explaining our situation and apparently a temporary protective order was issued against her.

My court date is set as September 4th, however we've spent some time reconciling before the order was approved and we're both set to go to some serious marriage counseling together at our church. Neither of us want a divorce we just want to get started on fixing our marriage, and making sure that we do it right. Is there any way I can have the TPO removed before the hearing? I've put all of our ducks in a row for a marriage retreat and counseling later this month and think this could turn things around. We've both been under a lot of stress lately with some deaths in the family, odd work hours and the like.

Any advice would be greatly appreciated.

Thanks!
Thales

 

[Tayla]

Two things: 1: Contact the municipality that issued the Protective order. Explain it as you did here.
2: You could show up at the hearing and recind your desire for protective order with the understanding that you are both in counseling. You'll probably need to supply the name/organization of the counseling service.

Be 110% sure that you don't want this order though.

 

[Ronin]

Filing a request for protective order against your wife on the grounds you stated is childish and moronic at best, and an abuse of the legal system.

If this is actually a temporary protective order as opposed to a civil restraining order, then you are both required to follow the terms of the order to the letter. A protective order cuts both ways, and the one filing it can also be held in criminal contempt for wilfully violating the terms of the order. If you are in contact with each other in violation of the terms of the order, that could potentially be a problem for both of you.

The nature of protective orders are such that there are safety mechanisms to protect the one filing it, which includes not being able to change ones mind from one day to the next without the court being assured this is the proper course of action.

For this you will almost surely be required to show up for your hearing and explain your situation to the judge. And pray the judge does not body slam you if he or she feels you filed a frivolous request.