IS IT POSSIBLE TO REMOVE A RESTRAINING ORDER?
Posted: February 06, 2017
Restraining orders can be issued in a number of different situations, though they’re most commonly issued in instances of domestic abuse or violence. While these orders can provide a necessary and important means of protection, they don’t always maintain their usefulness for their entire duration, and in fact they could wind up placing a significant burden or hardship on the person they’ve been levied against. In these instances, you may be able to have the order dropped.
DO YOU QUALIFY?
There are several things that go into deciding whether or not a restraining order should be dropped, and while they’ll vary based on the circumstances of your case, they all have to do with the question of whether or not you’ll repeat your behavior that led to the order being given in the first place. Notably, the court will look to see that you adhered to the restrictions in the initial order. For example, if you were forbidden from contacting the person who obtained the order against you, did you attempt to make contact with them? If not, then odds are the court will be more favorable toward your case to have the order dropped.
The court will also consider the impact the order has had on your life and whether or not you have faced additional hardship because of it. For example, if having a restraining order against you has led to difficulty obtaining employment or housing, you could possibly have the order vacated. However, the court will also consider whether the order is still necessary for the protection of the person who first obtained it before dropping your order; if they deem you are still a danger to that person, then odds are your petition will be denied.
HOW TO REMOVE AN ORDER
Removing an order is a fairly simple process. The first and arguably simplest way to remove an order is to let it expire. Temporary orders all have expiration dates, and as long as they aren’t renewed, the order will be vacated.
If you’re looking to remove a longer-term or permanent order, you must fill out a Request to Dismiss Order of Protection form, available online or from your local courthouse. You must also provide a statement as to why you would like the order dismissed and why you believe it’s no longer necessary.
From there, you must also serve notice to the defendant in your case and give them a chance to respond. If they don’t respond or they don’t wish to contest the petition, then you simply must attend a hearing to plead your case before a judge. If the defendant does wish to contest the removal, they’ll be given the opportunity to plead their case as well before your judge issues their ruling.
It’s strongly advised you speak with a Springfield criminal defense attorney for help with this process.Call (471) 658-4172 to speak with Worsham Law Firm and seek assistance from a skilled legal advocate.
Categories: Criminal Defense