Being named as the respondent in a restraining order case is serious and frustrating. If you believe that the restraining order is misplaced, Washington state law provides you a mechanism to obtain relief. There is a procedure to remove a restraining order. Removing a restraining order can prove challenging. In the end, you must demonstrate that there was no reasonable purpose for the issuance of the restraining order in the first place.
Obtain a motion to terminate restraining order form (or a sample of a motion) from the court clerk. Washington state law requires that you file a motion to set aside or terminate a restraining order.
Set forth in the reason the specific reason why you believe the restraining order should be terminated or set aside.
Send a copy of the motion to terminate restraining order via US mail to the person who filed for the order in the first place. Do not under any circumstances personally deliver the motion to the petitioner. Taking such a step violates the restraining order under Washington state law.
Obtain a hearing date and time on your motion. You get a hearing date from either the clerk of the court, or from the administrative assistant of the judge assigned the restraining order case.
Send written notification of the hearing date and time to the other party.
Attend the hearing and present evidence and arguments in support of your position to terminate or remove the restraining order.
Consider engaging the services of a qualified attorney to assist you in removing or terminating a restraining order. Although the organization cannot make a specific referral, the Washington State Bar Association maintains a directory of attorneys in different practice areas. Contact information for the group is:
Washington State Bar Association 1325 Fourth Ave. Suite 600 Seattle, WA 98101-2539 206-727-8319 wsba.org
- Hand and document at the meeting image by Dmitry Goygel-Sokol from Fotolia.com