When a magistrate dismisses a protection order case with prejudice, the petitioner cannot come back and try to get a protection order for the exact same reasons against the same person again.
“so a protection order can either be denied with prejudice or without prejudice what that means is if someone is and we have this with a lot of our clients that they'll have people who like i see this with neighbors all the time neighbors will file protection orders against each other which please don't do that just just stop putting a bigger fence put some trees in but um with with people who are filing protection orders over and over a lot of times we get asked the question well how do i make it stop how can i make them stop filing protection orders so if a judge dismisses or a magistrate i keep saying judge but if a magistrate dismisses a protection order without prejudice that means the person can try again okay so they can refile based on the same claims the same facts they can refile and ask for a protection order again based on the same things that were already contained if a magistrate dismisses a case with prejudice what that means is the magistrate says okay all the stuff that you put in here for the protection order you can't do that again you cannot come back and try to get a protection order for the exact same reasons against this person again”
Alexis explains: "so a protection order can either be denied with prejudice or without prejudice what that means is if someone is and we have this with a lot of our clients that they'll have people who like i see this with neighbors all the time neighbors will file protection orders against each other which please don't do that just just stop putting a bigger fence put some trees in but um with with people who are filing protection orders over and over a lot of times we get asked the question well how do i make it stop how can i make them stop filing protection orders so if a judge dismisses or a magistrate i keep saying judge but if a magistrate dismisses a protection order without prejudice that means the person can try again okay so they can refile based on the same claims the same facts they can refile and ask for a protection order again based on the same things that were already contained if a magistrate dismisses a case with prejudice what that means is the magistrate says okay all the stuff that you put in here for the protection order you can't do that again you cannot come back and try to get a protection order for the exact same reasons against this person again"
Answered by Alexis Austin Litle · Watch clip ↗Each answer links directly to the source where a Right Law Group attorney addressed this question.
1 answers grounded in Right Law Group sources
Got into a DV case because of an ex I let back in the home and made my life very hard
he fought hard for me
they dismissed the whole case
their belief of my side and story and their knowledge in the legal system they were able to get my case dismissed
get my case dismissed