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AttySince1978, Lawyer
Category: Criminal Law
Satisfied Customers: 931
Experience:  Attorney since 1978, former Judge Pro Tem, former S.F. Police Officer
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I need to write a letter to the judge asking that the domestic

Resolved Question:

I need to write a letter to the judge asking that the domestic violence restraining order be lifted and am not sure what to write?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  AttySince1978 replied 8 years ago.
First of all, you must file a petition with the Court that you will be seeking a modification of your existing restaining order. The Court will set the case for a hearing and issue the order dismissing the restraining order if the Judge is convinced that it is proper. <br />In your declaration, which is in writing, you can tell the Judge that a restraining order is no longer needed. The reason for the restraining order no longer exists. You and the other spouse are trying to work out <br />your differences and a restraining order only divides the two of you and hinders settlement negotiations. If the Court refuses to dismiss the restraining order than it will only make it more difficult to communicate with the other spouse which will increase fees and make <br />settlement more difficult to achieve. <br />If you are attempting reconciliation, you must tell the court that you and your spouse are attempting to reconcile your differences and the restraining order only interferes with that process. <br />If you write a declaration, using the about information as an outline in your petition, the Court should grant your request. <br /> <br />Please accept this answer so that I can receive $7.50 as my portion of the fee, otherwise, I receive nothing. My customary private office fee is $450 per hour so that you can see that $7.50 is minuscule compared to my normal outside rate. Acceptance will allow me to continue to provide this service to others.
Customer: replied 8 years ago.
I was told by the District Attorney's Office that all I needed to do in Nevada was write a letter to the Judge asking to lift the order and that he would review it and respond within the same day. I am just not sure what to include in the letter. The Victim/Witness Coordinator stated that I should include no being afraid, that he is the bread-winner of the family and that it is thanksgiving and would our family together.
Expert:  AttySince1978 replied 8 years ago.
Your petition or letter should include the following information:
1. the case name and number;
2. the reason for the letter in that you are requesting the court to withdraw or dismiss the restraining order;
3. you are no longer fearful for yourself or others;
4. you are attempting reconciliation;
5. you want to be together in time for the holidays without fear that your husband may be arrested;
6. the original reasons for the issuance of the RO no longer exists.
Also, reread my original answer which contains additional information and reasons that you can use.
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