Which protective dispositions can be cancelled for non-compliance, and where does the case go once they are cancelled?
General information · Not legal advice
Material to check
In a practice file, we read the original decision ordering the protective disposition, to see which listed item it falls under, the records showing whether the offender carried it out or followed its execution, and any application asking the court to cancel it, naming who filed it.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision's reach as written: where the family violence offender does not carry out, or does not follow the execution of, a protective disposition among the listed range of items, the court cancels it by ruling, on its own motion or on an application by the prosecutor, victim, probation officer or head of a delegated institution, and must then dispose of the case as the provision directs.
Another reading marks a condition tied to each destination: the case goes to the prosecutor of the district public prosecutor's office corresponding to the competent court only where the prosecutor transferred it under the relevant provision, and goes back to the transferring court only where the court itself transferred the case, so the file must show how the case reached the court in the first place.
Your judgment
If the file does not record whether the prosecutor or the court transferred the case, what other paper could show which destination the provision calls for?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to widen the dispositions within its reach or change who may apply, or if a court decision explains what counts as failing to carry out or follow the execution of such a disposition.