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NOT LEGAL ADVICE!
NOT LEGAL ADVICE!, FOR ENTERTAINMENT ONLY
Category: Legal
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Experience:  Information provided is for entertainment puposes only and is NOT legal advice.
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Can a restraining order be dropped before the court date by ...

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Can a restraining order be dropped before the court date by the person that filed the restraining order? How much does it cost and would it be handled by the Prosecuting Attorney that we filed with? We live in Arkansas
Submitted: 7 years ago.
Category: Legal
Expert:  NOT LEGAL ADVICE! replied 7 years ago.

HelloCustomerand welcome to Just Answer.

Did you receive a temporary restraining order when you filed? Was this for domestic abuse?

 

Customer: replied 7 years ago.
Yes, it was for alleged domestic abuse..but I did not tell the whole truth and really did it to get him to come back to me. He caught me with someone else and made me leave the house. We are not married but had lived together several years. Now I realize it was wrong and I want to stop this before I do more harm. Can I stop what I started?
Expert:  NOT LEGAL ADVICE! replied 7 years ago.
Did you receive a temporary restraining order when you filed? If so, how long ago did you file and when is the court date?
Customer: replied 7 years ago.
Yes, I received a temporary restraining order. Filed on 12-20-06, served on 12-29-06 court date 1-9-07
Expert:  NOT LEGAL ADVICE! replied 7 years ago.

A Temporary Order of Protection will last until the date of your full court hearing. If you do not go to the hearing, your Temporary Order will expire and you will have to start the process over. If you cancel the Order, it may be harder for you to get another one in the future.

If he has not been served yet, you need to contact the court clerk immediately and let them know that you would like to cancel the temporary order. Particularly if he has already been served, I recommend that you go to court on 1/9/07and tell the judge that you would like to cancel the order.

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NOT LEGAL ADVICE!, FOR ENTERTAINMENT ONLY
Category: Legal
Satisfied Customers: 2201
Experience: Information provided is for entertainment puposes only and is NOT legal advice.
NOT LEGAL ADVICE! and 14 other Legal Specialists are ready to help you
Customer: replied 7 years ago.
He feels he has to get an attorney to go to court with him, because he does not trust me to cancel the order. This will cost him $1500 now. He has been told if he is not represented by Attorney, and I do not cancel as promised, it would just be his word against mine (if I continue to lie) then the judge might find against him and it would go on his record as a abuser and he would not be able to hold his job because of the record. I have made a mess of things. Is there any way to cancel the order before the court date?
Expert:  NOT LEGAL ADVICE! replied 7 years ago.

Bonnie,

He does not need to have an attorney present. If you choose to go to court, it will be your word and his word, and I assume you are both in agreement that you would like the restraining order dropped.

The temporary restraining order expires on the court date. If neither you nor he are there for the court date, and no continuance was filed, the matter is not pursued further.

Go to the court and speak with the clerk. Indicate that you would like to cancel the temporary restraining order and court date. Take him with you when you speak with the clerk. If he still does not believe you, have him go to court with you so that you can both be present when you make your request to the judge to have it dropped.

Keep in mind, if it is dropped, it will be harder to obtain a restraining order in the future.

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