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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 24416
Experience:  Active member of the NYS bar since 1989
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I want to have no contact restraining order lifted. Do you

Customer Question

I want to have no contact restraining order lifted. Do you suggest I talk to a defense lawyer before I go to court try to have this done? Or should I just go and file a motion to terminate ? I already know they do not take these matters lately, but I do not know where to start...
Submitted: 1 year ago.
Category: Legal
Expert:  Zoey, JD replied 1 year ago.


If this is a criminal restraining order, the best way to try to get it lifted would be to speak to the prosecutor and explain why you want it lifted and why you're sure that you don't need a restraining order. If he won't lift it, ask that it be limited so that contact would be allowed so long as the subject of the order doesn't harass, assault, intimidate, etc. Yo are the complainant on the case, meaning that you are the prosecutor's witness and he is the lawyer representing your interest. So he will be willing to talk to you and no lawyer is generally necessary.

If this is a civil restraining order, file a motion to terminate. If you're nervous about what the judge might say, bring a lawyer to the hearing. If you're not quite sure whether lifting the order is in your best interest, consult with a lawyer first before filing the motion.