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In a child victim protection case, who may ask the court to cancel a protection order or change its type?

General information · Not legal advice

Material to check

In a practice file we read the protection order itself, the papers showing each applicant's standing — the record of appointment of counsel, the prosecutor's papers, proof of a local chief executive's office — and any written request from the head of a child protection professional institution.

These are types of material to look for, not evidence already verified by PRO SE.

Where readings differ

One reading lists who may act: the child victim, the victim's legal representative, the prosecutor, an attorney, and the metropolitan or provincial governor or the mayor, county magistrate or district office head may apply directly to the court; the head of a child protection professional institution may only request one of those local chief executives to apply, and cannot apply itself.

Another reading notes what an application does not accomplish: the judge may cancel the order or change its type only where the judge finds 'substantial reasons', and may also do so on the judge's own motion without any application, so the content of substantial reasons and the reach of a change of type are left open.

Your judgment

What in the file could show substantial reasons for cancelling the order rather than leaving it in force?

PRO SE does not make this decision or keep a case record on this public site.

When to reconsider

We revisit this card if the provision is amended to add or remove the persons who may apply, or if a court decision sets what counts as substantial reasons for cancelling or changing the type of order.

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