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JoeLawyer, Lawyer (JD)
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Experience:  Attorney in practice since 1996
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How can I drop a restraining order

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No Comment Added
Submitted: 7 years ago.
Category: Legal
Expert:  JoeLawyer replied 7 years ago.
Do you mean how can you get a restraining order against you dropped, or how can you get one against someone else on your behalf dropped?
Customer: replied 7 years ago.
I have a 5 year restraining order against my husband and I want to drop it completely----How or what steps do I need to get the ball rolling?
Customer: replied 7 years ago.
Reply to Joseph Ross ESQ's Post: I dont know if you received my reply--I have a 5 year restraining order against my husband and I want to drop it--How do I go about getting the ball rolling thank you
Customer: replied 7 years ago.
are you working on my question? Thank you
Expert:  JoeLawyer replied 7 years ago.

Generally one needs to go back to the court which issued the restraining order and file a written request (called a motion) to dismiss the restraining order and explain (briefly) why it should be dropped. The motion needs to be signed.

Some courts will grant such a request without a hearing if the reasons in the written motion are sufficient, some will require a hearing no matter what, and some may deny it if they think the reasons are insufficient or if they think the possibility of violence or coercion exists.

A motion like this is generally just a one page written document that has the court caption at the top, then says something like "COMES NOW Jane Doe, and requests that the restraining order issued by this court on x/x/200x be dismissed and canceled and in support hereof now states: (1) That the reason for the restraining order being issued was because ______ but that reason no longer exists since _____, signed Jane Doe" etc. Of course if an attorney assisted you in getting the restraining order, it is wise to consult with that attorney about getting it canceled. Or, if you did not use an attorney, it is a good idea to consult with an attorney in your area if you want help with the motion. You can find some local attorneys here.

I hope this helps and a positive feedback is always appreciated if this was useful to you.

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Fees I receive for answering questions are paid for information, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. Joseph Ross does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) 2007 Joseph Ross. All rights reserved.

JoeLawyer, Lawyer (JD)
Category: Legal
Satisfied Customers: 767
Experience: Attorney in practice since 1996
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