Q:

Can a restraining order be removed?

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Quick Answer

A restraining order can be removed by a judge in a court of law, according to Divorce Source. One or both parties can request that the judge either modify or dissolve the legal injunction. It is up to the judge to determine if lifting the order is in the best interests of the parties concerned.

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Full Answer

According to Theodore Stilwinski, Esq., a judge takes into account eleven key factors when considering a request to dissolve a restraining order. For instance, a judge will want to know if the victim who filed the order consents to having it lifted. Fear is commonly a factor in domestic violence situations, so the judge will look into how much fear the victim has of the other party.

A judge must consider the current nature of the relationship between the two parties, says Stilwinski. Judges determine if the relationship has changed for the better or not. This requirement also involves evaluating the status of the relationship at the time the order was granted. If there are children, their welfare also is considered. The behavior of the defendant comes into play as well. For example, if the judge determines that the defendant has repeatedly violated the order or has acted out in a violent manner towards the victim, she can use it as grounds for keeping the order in place.

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