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KSTGeneral information, not legal advice
Synthetic · simulationNot a real case

While a protective disposition is running, who may bring about a change to its type and duration, and who decides it?

General information · Not legal advice

Material to check

In the exercise's file we read the ruling that imposed the protective disposition, to see which type and duration were set and whether it is still running; the application by the prosecutor, the probation officer or the head of the entrusted agency; and any earlier ruling in the file changing the disposition, which would show the permitted change has been used.

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

Where readings differ

One reading takes the actors as a closed list: while the protective disposition is in progress and the court considers it necessary, the court may, by ruling, change the type and duration either on its own motion or on the application of the prosecutor, a probation officer, or the head of an entrusted agency, and the provision allows this 'only once'.

Another reading stresses what the provision does not grant: an application naming the family violence offender, a legal representative, an assistant or the victim as applicant is not among the applications the provision lists, and the provision does not say what makes the court consider a change 'necessary'.

Your judgment

If the file holds no earlier ruling changing the disposition, what record would show whether the single permitted change has already been made elsewhere?

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 let other persons apply, or if a decision explains when a protective disposition counts as still in progress or what necessity requires.

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