How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Maverick Your Own Question

Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 3431
Experience:  13+ years experience in litigation and business law;
Type Your Legal Question Here...
Maverick is online now
A new question is answered every 9 seconds

Can a person retract a restraining order prior to the hearing

Customer Question

Can a person retract a restraining order prior to the hearing date?
Submitted: 5 years ago.
Category: Legal
Expert:  Maverick replied 5 years ago.

 

 

A TRO type protective order relating to an allegation of domestic violence can be done without a full court hearing and without the alleged abuser present. Usually that order is in effect for 7 days after service of the order, at which point a full court hearing will be held for a final protective order. In MD, the judge may extend the temporary order as needed, but not to more than 30 days.

 

At the full court hearing, the court will decide whether to make the temporary order into a final protective order. This is where the both of you tell your sides of the story to a judge. If your wife does not go to the hearing, the temporary order will expire.

 

Once a temporary restraining order has been put in place, only a judge can cancel the order. The "victim" must return to court and withdraw the restraining order. The victim will be interviewed to make sure that he/she is not being forced to withdraw the complaint. The victim will then go into court where she can explain her decision to the judge. If the judge is satisfied that the victim is withdrawing the complaint without fear or threats from the abuser, the court can dismiss the complaint. The victim is then responsible to bring a copy of the dismissal order to the local police department.

Please click "ACCEPT" so I can get credit for my work. We can continue our conversation after this at no additional charge.

 

Maverick, Attorney
Category: Legal
Satisfied Customers: 3431
Experience: 13+ years experience in litigation and business law;
Maverick and 9 other Legal Specialists are ready to help you
Customer: replied 5 years ago.

Hi Maverick,

 

Thank you for answering my question. I am not sure that I completely understood your answer.

 

"Once a temporart restraining order....only a judge can cancel the order. The "victim" must return to court and withdraw the restraining order."

 

Does this occur during the hearing? Or could she go now, as in today, and ask for it to be withdrawn, prior to the hearing?

 

And is this still going to show up on my background check? I am seeking an international job as a k-12 teacher...If they see alleged incidents of abuse, this could be very damaging, as the screening process for applicants can be quite thorough. In addition, I spent two years on a Dept of Defense project, and plan on taking consulting jobs in the future that involve clearance, and such. Something like this is very detrimental to my ability to seek employment within my field....WHAT can I do as recourse to her actions? She says she did not mean to cause this trouble, now...but she had placed the restraining order so that it was ALSO applicable to my children and really painted me out as as a threat with some of the false accusations she made.

 

What can I do to pursue damages that could result from this?

 

I realize I am asking for detail, and I can add this as a new question if you need me to, or pay you more for your answer if you tell me how...as I believe you seem dedicated to help.

Expert:  Maverick replied 5 years ago.

She can go now and ask for it to be withdrawn. The tough part is going to be whether a judge would be willing to see her today or whether the judge will just wait for her to annouce a withdrawal at the hearing.

 

At some point in the future, you may want to go to some online background check sites and see if the TRO shows up in a background check of yourself. This one allows for a personal pre-employment background check: http://www.fullsearch.com/

 

However, please know that a TRO is a civil petition and so it should not show up on a criminal record, so long as you do not violate it. Also, since a TRO can be obtained ex-parte based on mere allegations, it would be unreasonable for anyone to rely on it to deny you employment.

 

There was no due process when the order was issued. The due process occurs at the court hearing and you may want to have a lawyer present to make sure that it gets defeated from being a final protective order which could be damaging to your career/record.

 

Getting things in to evidence and keeping them out of evidence is why I recommend that you retain a lawyer because you can lose a case on procedure even if substantively the facts are in your favor.

 

See the bill that is being sponsered in MD to allow the expungement of domestic violence TRO from your civil record:

 

http://mlis.state.md.us/2009rs/fnotes/bil_0007/sb0467.pdf

 

I think a similar bill proposed by the House was defeated in March.

 

You may want to have your attorney request that the court issue a specific order to have the TRO expunged from your record based on the Senate bill that is being contemplated.

 

If you have the time, go toward the bottom of this link and read about how to attack a false TRO: http://www.massoutrage.com/ma/restraining-order-resources/fighting-false-restraining-orders/

 

 

 

 

 

 

 

 

 

 

 

Expert:  Maverick replied 5 years ago.

See answer above. Also if you have monetary damages or other damages from a false affidavit signed in order to obtain the TRO, you may be able to pursue a civil action for malicious prosecution.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.