Dismissing A Restraining Order
Dismissing a Restraining Order: What You Need to Know
Getting hit with a restraining order can be scary. It might feel like your life is turning upside down and you don’t know what to do next. But don’t panic! There are options for getting a restraining order dismissed or modified if you go about it the right way.
In this article, we’ll walk through everything you need to know about dismissing a restraining order, including:
- What is a restraining order
- Why do people get restraining orders
- How to respond to a restraining order
- Reasons a judge might dismiss a restraining order
- Building your case for dismissal
- Alternatives to dismissal
We know this is a stressful situation. Our goal is to empower you with information so you can make the best choices for your unique circumstances.
What is a Restraining Order?
A restraining order is a court order that prohibits someone from being in contact with another person. It’s a civil court order designed to prevent violence, harassment, stalking, or threatening behavior.
Restraining orders can order someone to:
- Stay away from the protected person’s home, work, school, etc.
- Not contact the protected person by phone, email, text, social media, etc.
- Stay a certain distance from the protected person (like 500 feet)
- Not possess firearms
Judges can customize restraining orders to the situation. Violating one is a crime that can lead to fines or jail time.
Why Do People Get Restraining Orders?
There are a few common reasons someone might get a restraining order against you:
- Domestic violence: If you abused or threatened a partner or family member, they can get a restraining order for protection.
- Stalking: Repeatedly following, harassing, threatening, or making unwanted contact with someone can lead them to get a restraining order.
- Workplace disputes: Threats, harassment, or violence related to an employment dispute could trigger a workplace restraining order.
Restraining orders are used to prevent escalating or ongoing patterns of concerning behavior. A single isolated incident is usually not enough.
How to Respond to a Restraining Order
Learning you’ve been served with a restraining order can be upsetting. But it’s crucial you handle it carefully from the start. Here are key tips:
- Remain calm – As hard as it is, avoid overreacting or doing anything rash. That could make things worse.
- Obey the order – As soon as a restraining order is served, you must obey it. Any violation is a crime.
- Get legal help – Consult a lawyer about your options for responding. There are strict deadlines.
- Go to the court hearing – There will be a court date on the order to present your side.
- Build your case – Start gathering evidence and witnesses to potentially get the order dismissed.
The restraining order hearing will determine if the order stays, gets modified, or gets dismissed. Use the time before the hearing wisely to start your case.
Reasons a Judge Might Dismiss a Restraining Order
There are a few main ways you can make a case to get a restraining order thrown out by a judge:
- No reasonable fear of injury – If there’s no legitimate danger or the fear is exaggerated, the order may get dismissed. But violent threats are always taken seriously.
- False allegations – If you can show the accuser fabricated incidents or blatantly lied, it hurts their credibility.
- Improperly granted – Mistakes like not giving you time to prepare or not meeting evidentiary standards can get an order dismissed.
- Expired order – Restraining orders are time limited. But some jurisdictions let accusers renew them indefinitely.
These arguments require solid evidence and testimony. It also helps to demonstrate you don’t pose a threat if the order is lifted. Behaving appropriately leading up to the hearing supports this.
Building Your Case for Dismissal
To convince a judge to dismiss a restraining order, smart preparation is key. Here are some tips:
- Gather evidence like texts, emails, voicemails, photos, police reports, receipts, surveillance video, etc. Anything showing benign interactions or contradicting claims.
- Line up supporting witnesses to testify on your behalf about your character or to refute accusations.
- Research the applicable laws and court precedents in your jurisdiction so you understand the legal standard.
- Present a clear timeline of events from your perspective.
- Consider using a lawyer to advocate for you since self-representation is hard.
Remember – just because you believe the order is unfair doesn’t mean it will get dismissed. You need compelling legal arguments and evidence.
Alternatives to Dismissal
Even if a restraining order doesn’t get fully dismissed, there may be alternatives to explore, like:
- Modify the terms – Ask the judge to loosen prohibitions if they are overly broad. For example, allowing peaceful contact about shared child custody matters.
- Don’t extend it – If unable to dismiss a time-limited order, focus on not allowing the accuser to extend it indefinitely.
- Appeal the decision – Research whether you can appeal a judge’s decision to a higher court.
- Reapply later – After showing good behavior for awhile, you may be allowed to reapply for dismissal.
Talk to your lawyer about angles like these. The goal is regaining as much freedom and normalcy as the law allows.
In Summary
It’s frustrating and complicated having to fight a restraining order. But staying calm, obeying all rules, marshaling evidence, and understanding the law will give you the best shot at dismissal or modification.
And if it’s not dismissed initially, keep reevaluating your options. With time and demonstrated good behavior, additional progress may be possible. Don’t lose hope!
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