A great many people are subject to restraining orders made under the Protection From Harassment Act 1997. Judges sometimes use restraining orders as part of the conditions of probation (telling someone to stay away from a business where they committed fraud, for example). The data collected including the number visitors, the source where they have come from, and the pages viisted in an anonymous form. At the hearing, the plaintiff must demonstrate to the judge that he is no longer in immediate, ongoing need of protection from the defendant. We will also be able to advise you as to procedure and, if an application is to be made, we will meticulously prepare an evidence bundle and submissions for the court and present these on your behalf. Legal aid may be available to a person subject to the order, dependent on a full assessment. When that's the case, the person wanting the restraining order revoked must appear before the judge and show cause. The standard of evidence is therefore lower that during a criminal trial, and restraining orders are quite often granted against both convicted and acquitted defendants. Be sure to bring sufficient personal identification, such as a valid driver’s license or a passport. Where the person protected by the order supports the discharge, the application is much stronger as the Court of Appeal has observed. This is especially true when you are trying to get the judge to revoke a restraining order against you. It is important that an application to remove or vary a restraining order is made correctly. Notary publics can be found at large banks or at the courthouse. He writes about business, personal finance and careers. © All Rights Reserved. You can contact Camilla on 0207 8461 645 or by email at [email protected]. This legal motion must usually identify the parties. We will be able to advise you as to the chances of a successful variation or discharge. Include your email address to get a message when this question is answered. Moving to another State with Your Child after Divorce, Acceptable Circumstances for Child Support Modifications. A court hearing will be set at least 10 days after the date of filing at which time both the protected and restrained person must appear. Allow a temporary restraining order to expire. Prepare a motion stating why the restraining order should be revoked. Consult with your attorney to determine if you have cause to ask the court to revoke a restraining order. We can usually charge  fixed fees for all restraining order cases. Commonly referred to as a “restraining order,” these court injunctions can be used to prevent an alleged abuser from being able to contact, visit, or even come near a protected party. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Doctor of Law, University of Wisconsin-Madison. Legal aid may be available to a person subject to the order, dependent on a full assessment. ", http://www.civillawselfhelpcenter.org/self-help/harassment-protection/modifying-dissolving-or-appealing-a-protection-order/226-modifying-dissolving-or-appealing-a-protection-order, http://www.matrimoniallawnj.com/blog/2014/02/04/dissolving-final-restraining-orders-139638, http://www.divorcesource.com/ds/newjersey/dissolving-a-domestic-violence-restraining-order-4010.shtml, https://www.pinellasclerk.org/aspInclude2/ASPInclude.asp?pageName=domestic.htm, https://supremecourt.nebraska.gov/sites/default/files/DC-19-18.pdf, http://www.masslegalhelp.org/domestic-violence/wdwgfh6/getting-back-together, http://www.civillawselfhelpcenter.org/images/protection-orders/stalking-and-harassment-motion-to-modify-dissolve-extend-enforce-nonfillable.pdf, http://www.mass.gov/courts/docs/forms/trial/209a/fa-13.pdf, https://www.pinellasclerk.org/aspInclude2/ASPInclude.asp?pageName=domestic.htm#dismiss, consider supporting our work with a contribution to wikiHow. Attend the hearing in court. This article has been viewed 107,693 times. 10731 Treena Street, Suite 204 In other cases, an order may have, for example, geographic restrictions that are no longer appropriate. After it's dropped, no. 4250 North Fairfax Drive, Suite 600 Clinton M. Sandvick worked as a civil litigator in California for over 7 years. We will also be able to expertly cross examine any witnesses if required. Legal aid may be available to a person subject to the order, dependent on a full assessment. If you have received a restraining order, or you were the victim in a case, and you want a restraining order against someone lifted, then we can assist. This article was co-authored by Clinton M. Sandvick, JD, PhD. The procedure for dissolving a restraining order will vary depending on your state and the court you file with, but the general process is the same. Lifting the Order Typically, either the victim or the defendant can ask the court to lift the restraining order. Equally if you were the complainant in the case, and you would like the restraining order to be removed, perhaps because it relates to a family member or friend, then please get in touch. Old Bailey Solicitors is a trading name of Old Bailey Solicitors Ltd, registered with Companies House (No. You should have your attorney draw up the motion, because it must be written and presented in the proper legal form. If an application is made incorrectly, or is not properly prepared, the court will be unsympathetic to your application. I cannot go near him and it causes problems at social events. We use cookies to make wikiHow great. Courts issue restraining orders for various reasons. If you really can’t stand to see another ad again, then please consider supporting our work with a contribution to wikiHow. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. Sometimes there is good reason to revoke a restraining order. In other cases, the victim decides he wishes to resume contact. Violating a restraining order is a serious offence, and you may be arrested on the spot for any violation. It is not dissolved solely because you and the abuser have chosen to live together again. While it is more difficult for the respondent (the alleged abuser) to try to remove a restraining order, it can also be challenging for the plaintiff; even if she requests that the restraining order be removed early, the decision is ultimately up to the judge's discretion. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. Save money & build your credit with help from wikiHow. If there is to be a hearing to decide the matter, all parties concerned must be given notice of the hearing. {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/5\/5c\/Achieve-Short-Term-Goals-Step-6.jpg\/v4-460px-Achieve-Short-Term-Goals-Step-6.jpg","bigUrl":"\/images\/thumb\/5\/5c\/Achieve-Short-Term-Goals-Step-6.jpg\/aid6593412-v4-728px-Achieve-Short-Term-Goals-Step-6.jpg","smallWidth":460,"smallHeight":345,"bigWidth":"728","bigHeight":"546","licensing":"