Alternately, if you are the defendant, then you may wish to have the restraining order dissolved because you think it was entered improperly or is no longer needed. [1] X Trustworthy Source Civil Law Help Center Nonprofit law firm dedicated to civil legal services to all people Go to source For example, you may have moved on with your life or received necessary treatment (for domestic violence or alcohol/drugs).
You may also have to dismiss all criminal complaints filed against the defendant.
To find an experienced family law attorney, you can visit your state’s bar association, which should run a referral program. If you cannot afford a lawyer, then you may want to reach out to a local legal aid organization. Legal aid organizations provide free assistance to low-income people. To find a legal aid organization near you, use this Locator and enter your zip code.
The victim’s consent. If the victim voluntarily consents to dropping the restraining order, then the court should lift the restraining order. The victim’s fear of the defendant. If the victim fears the defendant, then the court may consider leaving the restraining order in place, as it helps the victim stand up to the defendant. The nature of the relationship between the parties. Here, the court will consider the capacity of the abuser to continue to control the victim. If the two parties have children together, then a court may find it inappropriate to dissolve the restraining order. Contempt convictions. If the abuser violated the restraining order, then the judge can consider those violations as proof that the abuser has not broken the cycle of violence and circumstances have not sufficiently changed. Other violent acts. If the defendant has acted violently toward third parties (or the victim), then the court may find that the victim needs continued protection. Involvement with drugs and alcohol. In most cases, drugs and alcohol play an important role in abuse. If the defendant continues to use drugs or alcohol, then the court may find that the victim still needs protection. Domestic violence counseling. If the defendant has engaged in counseling, then the court might consider this factor weighing in favor of dissolving the restraining order. Defendant’s age and health. In some situations, the defendant’s age or infirmity would support dissolving a final restraining order. Victim’s good faith. The court will look to see whether one party misused restraining orders as part of a divorce action. Protection orders in other jurisdictions. The court may consider whether courts in other jurisdictions have entered restraining orders protecting the victim from the abuser. Any other relevant factor.
The purpose of meeting with an intake worker is to make sure that the victim is not seeking dissolution because of coercion or duress. [5] X Research source
In Nevada, the form is called a “Motion to Dissolve. ” You will also need to fill out a “Confidential Information Sheet. ” PDFs for all forms can be found at this Self Help website. In Florida, you will need to fill out a “Motion to Dismiss. ”[6] X Research source In Nebraska, the form is called a “Motion to Vacate and Set Aside and To Dismiss. ”[7] X Research source The form is available here. In Massachusetts you would use the “Plaintiff’s Motion to Modify or Terminate Abuse Prevention Order. ”[8] X Research source A PDF is available here.
the names of each party the date on which the restraining order was entered the reasons why the restraining order should be dissolved
Notary publics can be found at large banks or at the courthouse. Be sure to bring sufficient personal identification, such as a valid driver’s license or a passport.
If there is a filing fee, then ask for a fee waiver if you cannot afford the fee. Make sure that all of your copies are stamped.
Courts will differ as to how they assign hearing dates. Some courts will mail all parties the date and time. Others will have you fill out a Notice of Hearing form. Ask the court clerk.
Hearing procedures will vary, depending on the court and on whether the motion to dissolve the restraining order is contested. If the defendant brings the motion to dissolve the restraining order and the victim objects, then the defendant should be prepared to present evidence showing that a change of circumstances has taken place since the original restraining order was entered. The victim will also be able to present evidence as to why the restraining order should not be dissolved. Evidence can take the form of testimony by the parties, witness testimony, and documentary evidence. If the victim brings the motion to drop the restraining order, then the court might inquire only as to whether or not the motion is being brought voluntarily. If the court is satisfied that the victim is acting voluntarily, then in some states the judge has to dissolve the restraining order. [14] X Research source
