258E Guideline 5:08: Request by the Plaintiff to Terminate Harassment Prevention Order

Part of the Guidelines of Judicial Practice: Harassment Prevention Proceedings.

Guideline 5:08

If the plaintiff appears on the date scheduled for the hearing after notice and requests that the harassment prevention order be terminated, the judge does not need to take any action and can let the order expire by its own terms at the end of the day as it would if the plaintiff had not appeared, or the judge may terminate the order effective immediately.¹

Prior to terminating the order, the court may inquire whether any different or lesser order or component of the existing order should be left in effect for protection of the plaintiff.

Nevertheless, a plaintiff who wishes to terminate the order should be permitted to do so, regardless of the reason given. It is also important for the judge to state that terminating the order will not prevent a plaintiff suffering from harassment from seeking a new order or other protection from the court or the Judicial Response System at any time in the future.

Commentary

Once a plaintiff has appeared before the court to terminate an order, the plaintiff may be reluctant to return despite a need for protection from harassment. The judge should assure the plaintiff that they may always return to the court to seek a new order or, if the court is not open, secure an emergency order through the police utilizing the Judicial Response System.

It should be noted that even if the harassment order is terminated, conditions on a criminal case that may include a no contact order remain in effect unless specifically terminated by the criminal court judge.

1. See Guideline 1:00 In General; Definitions, for discussion of the current use of the term “terminated” instead of “vacated.”

Last updated:	October 20, 2025