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JoeLawyer, Lawyer (JD)
Category: Legal
Satisfied Customers: 767
Experience:  Attorney in practice since 1996
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How can I drop a restraining order?

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How can I drop a restraining order?
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 10 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 10 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 10 years ago.
are you working on my question? Thank you

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.

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