How do you get rid of a restraining order?

Answer 1

First, determine whether it is a spousal protection order or a harrassment order. The protection order is taken out against someone you've had an intimate relationship with. The harrassment order can be taken out against anyone else who harrasses you or stalks you, if you have evidence. Second, if you didn't win when you get the 1 week notice to make it final, or you didn't show up, you have an upward battle. You definitely need a lawyer experienced in appealing restraining orders here. There are no forms with the Court to do it yourself and you'd never win by yourself.

Answer 2

I am wondering the same thing myself and I am the one who had the protection order granted. Now, I do not know if you are the petitioner or a respondent but as a respondent, I can tell you that the process is extremely drawn out. Lot of filings and motions to do. The judge told him it could take 3 months to have it removed. Now I would assume as the petitioner you should be able to call and file to have it nullified. You may be a little embarrassed afterwards, people will look at you funny, I am sure, but it probably wouldn't take more than simply saying that you over-reacted or something of the sort or that he is no longer a threat. If there are children involved, you can usually plead your case saying that your children miss him and you would like the order dropped so they may be able to see them and so that they do not have this horrible astigmatism attached to them. This are not verified facts by me but somethings I was told by a domestic violence advocate. Hope it helps.

Answer 3

If you are the one who filed for the order, you can request that the court vacate the restraining order. If you are the one against whom it was filed, you would have to file a counter-motion, or an appeal, with the same court that granted the order in the first place.

Answer 4

In the USA a person can remove a restraining order by reaching the County courthouse where it was issued and petition the Court regarding its procedures and regulations to have the restraining order removed. Once you have that information you or your attorney can ask for a Court date whereby your case for having the restraining order removed can be presented. In many cases these restraining orders were issued as you were named as a threat or possible threat to a person or persons. Be prepared to provide evidence that the threat or implied threat has no foundation in facts.

Answer 5

The only thing you can do is do what it says until it expires.

this person is wrong , you can fight an order

Answer 6

Obey the order and contact an attorney about going to court to have the order rescinded if you believe ther is no probable cause for the order.

Answer 7

You must file a motion to appear in front of the judge that issued it, and plead to have it removed.

Answer 8

Petition the court which issued it, for a hearing, setting forth the reason(s) you believe the order should be withdrawn.

Answer 9

Answer this question...Contact the enforcing Courts to determine procedural route, always contact a lawyer first