After a restraining order has been filed with your city or state, it is a little harder to get it dismissed. There are more papers to fill out and a court hearing to attend if the judge denies your petition and you still want to have it dismissed. If you have an active restraining order and you wish to rescind the order, you need to get it legally dismissed so that the person that has the order against him is not arrested for coming in contact with you.
Call the Court Clerk
Contact the Clerk of Courts office that issued the restraining order and ask for the forms you need to petition the judge to cancel the current order of protection. You can find the telephone number for the clerk's office on your copy of the current restraining order, which you are to have on your person at all times.
Fill Out the Paperwork
Fill out the Dismissal Order with your name as the petitioner and the name of the respondent. You will also have to enter the case number of the current restraining order. This will be on your original document. You will need your address and the address of the respondent.
Think About Your Safety
Check the appropriate box on the form that says that you want to have the restraining order dismissed. It is important that before you check this box, you understand that you are removing any protection you have from the authorities if the respondent comes near you or your home. Make sure, before you dismiss a restraining order, that the person is not a threat. Has the respondent completed a rehabilitation program? How has he changed? Are you sure that he is no longer a threat? Never ask for a dismissal and then ask for another order of protection. It can be much harder to get a new protection order after you dismissed the previous one. If you keep seeking restraining orders and dismissing them, the judge will no longer issue any type of protection order on your behalf.
File the Paperwork
Sign this document and file it with the Clerk of Courts. You must sign this document in front of the clerk in some states. This will be noted on the document you fill out. After the document is stamped with the time and date, you will receive a copy for your records.
Receive the Court Order
Wait for the judge to rescind the restraining order before having any contact with the respondent. The judge will either grant the dismissal or deny it. If the order is denied, you can petition the court for a hearing to have the order of protection dismissed. It is up to the judge after considering all the facts if the order will be dismissed or not. In most cases, a dismissal is ordered. The steps for appealing the judges decision will be sent to you in the mail with the judges decision.
If You Need to Appeal
Appealing the judge's decision takes place at a hearing. You will receive the documents you need to schedule a hearing if the judge does not dismiss the restraining order. Fill out the form and once again, return it to the Clerk of Courts office. Follow the signature requirements noted on the form. Some states require you to sign the form in front of the clerk. You will be notified by mail when the hearing is scheduled. Because you have taken this step, the judge will more than likely rescind the protection order. You will have to explain why you want the order dismissed. This must be detailed.
- Make sure, before you dismiss a restraining order that the person is not a threat.
- Never ask for a dismissal and then ask for another order of protection. If you keep seeking restraining orders and dismissing them, the judge will no longer issue any type of protection order on your behalf.
Pamela Gardapee is a writer with more than seven years experience writing Web content. Being functional in finances, home projects and computers has allowed Gardapee to give her readers valuable information. She studied accounting, computers and writing before offering her tax, computer and writing services to others.