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View Full Version : Get restraining order dropped


gumdrop12
May 26, 2010, 04:28 PM
I want to know what I need to do to get the restraining order dropped?do I have to go through the court?

Devorameira
May 26, 2010, 04:50 PM
Why would you want to remove a restraining order? Obviously there has been threats and/or violence involved, so I'd think twice about even considering it.

If you are foolish enough to remove it the procedures vary depending on where you live.

I'm not a lawyer, but I think In most states you would need to file a petition with the judge to have the order removed. It's best to have an attorney experienced in restraining orders prepare the petition for you.

The judge will usually grant a hearing for you to explain why you want to have the order removed. You have to provide good reasons and convince the judge that the person is no longer a threat.

You may need to agree to several additional stipulations before the judge grants the removal. A victim's rights advocate may ask to speak with you about your reasons for wishing the petition lifted.

Even after all that, the judge may not lift it... it all depends on the reason the restraining order was placed in the first place and whether he's convinced that the person won't harm anybody.

Fr_Chuck
May 26, 2010, 07:54 PM
Yes, you will have to go though the court that issued the order and ask for it to be lifted.