In order to remove it, the restraining order must be lifted by the court. Lifting the Order Typically, either the victim or the defendant can ask the court to lift the restraining order. This is usually completed by filing a motion with the court, such as a Motion to Modify Conditions of Pretrial Release or a Motion to Lift Restraining Order.
Comply with all aspects of your restraining order before you try to lift it. Showing the court that you are willing to obey and submit to all judgments will go a long way toward getting a judge to listen to your side of the case with an open mind.
For instance, the victim may sometimes want a restraining order lifted. Restraining orders can be very restrictive and can make other practical matters more difficult, such as paying rent, dealing with finances and other issues that might affect them. Or, the person being restrained by the order may sometimes wish to have it lifted.
It will be necessary to hire a criminal defense attorney who can work with you towards getting the restraining order lifted. If you feel that you had a restraining order taken out against you in error, then you have to fight for your freedom and your legal rights.
I want to get a restraining order lifted that has been put in place against my ex partner, the Recorder that passed sentence said he would lift it if I requested and needed to ask for him to do it. I wrote severeal letters to the court expressing my wishes, however a less senior judge has refused to revoke it. Where do I go from here?
What Is a Restraining Order? A restraining order is a court order to prevent a person from doing something that the court finds wrong. They are sometimes called protective orders, protection orders, or stay-away orders. To "lift" a restraining order means it will no longer be in effect.
Under the NJ Prevention from Domestic Violence Act, you will need to appear in the Superior Court in Bergen County (at the courthouse in Hackensack) to get this restraining order lifted. If you are the person who requested the restraining order in the first place, you'll need to explain to the judge briefly why you want the order rescinded.
Remaining the subject of a permanent restraining order poses the potential for unintended consequences. For example, if you seek a new job, your potential employer may discover the outstanding restraining order during a routine background check. Therefore, you may be at a juncture at which you desire to have a permanent restraining order lifted.
How to Drop a Restraining Order. A restraining order may be dropped only by permission of the court. It is not dissolved solely because you and the abuser have chosen to live together again. In fact, the person named in the restraining...
I am Brittany, and a judge has put a restraining order against my fiance. I wanted to know if there was anything I can do to get it lifted. One night we got into a fight and it ended up becoming physical. I struck him, and he pushed me. He got arrested, then released. I wasn't and still am not able to talk to him what so ever.