CAN I GET A RESTRAINING ORDER REMOVED?
Orders of Protection, or “restraining orders” as they are more commonly known to the general public, are issued to protect abuse and harassment victims from further violence of damage. These orders can be issued relatively easily, particularly in instances of domestic violence or sexual assault, and become legally binding immediately upon their issue. Once one of these orders is issued, they can only be dismissed by a court order, which can be much more difficult to obtain.
DISMISSAL BY RESPONDENT
The respondent is the party which has the Order of Protection filed against them, and it is possible for them to remove an order that is overly restrictive or damaging to their livelihood, so long as the order can be relaxed or repealed with minimal risk in the opinion of the court.
The respondent should file a Notice of Appeal, stating that you contest the restraining order and wish to have it dropped. To corroborate your claim, gather as much evidence as possible indicating that the plaintiff does not need protection from you, and then present your case to the judge at your hearing. If the judge does not feel that the allegations against you are warranted, then your case will be dismissed.
DISMISSAL BY PLAINTIFF
The plaintiff is the party which requests the Order of Protection against the respondent. Temporary orders of protection are only valid for 15 days, so if you wish to have an Order of Protection dropped during its temporary period, the easiest way is to simply let it expire. Otherwise, you can file for a Dismissal of Order of Protection, which is a simple, one-page form that you file with the court clerk at the court where the order was originally filed.
However, sometimes a plaintiff may wish to lessen the terms of an Order of Protection, but still leave it intact. To do this, you simply have to request an amendment to the Order of Protection. You can do this by requesting a hearing with the court clerk's office.
RETAIN AN ATTORNEY
Whether you are the plaintiff or the respondent in a protective order case, you should not hesitate to retain an attorney to assist you with your case. An experienced lawyer can help you fight to retain your rights throughout the process, and make sure that you are not unjustly restricted by an overburdening Order of Protection.
At The Clarke Law Firm, we understand the importance of an Order of Protection, and we work quickly to get the resolution to your case that you are seeking. Whether you are a plaintiff or a respondent, you can trust your case to our Murfreesboro criminal defense attorney and know that it is in the hands of a proven and reputable professional. Attorney David L. Clarke has earned numerous accolades for his work, including recognition as one of the Top 100 Trial Lawyers by The National Trial Lawyers.
Do you need assistance with an Order of Protection matter? Review your case today by calling The Clarke Law Firm at (615) 796-6299.