Who may bring an end to a protective disposition for family violence, and what must be shown for the court to do so?
General information · Not legal advice
Material to check
In a practice file, the papers to read are the ruling that imposed the protective disposition and any record of compliance with it, the report or materials showing the offender's conduct since, and whichever application asking for termination, signed by the prosecutor, the victim, the probation officer or the head of the entrusted agency.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision at its word: the court may terminate all or part of the protective disposition either on its own motion or on an application by the prosecutor, the victim, the probation officer or the head of the entrusted agency, and may do so only where it finds the offender's conduct has been reformed so that normal family life can be maintained, or that there is otherwise no need to continue the disposition.
Another reading stresses the alternative ground: the provision does not only allow termination after reform is shown, but also wherever the court recognises that continuing the disposition is no longer necessary, leaving the file to show what makes continuation unnecessary even where normal family life is not yet established.
Your judgment
When the court ends only part of a protective disposition, how should the file show which part continues and why?
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 change who may apply for termination or the grounds for it, or if a court decision explains what satisfies the finding that no need remains to continue the disposition.