How to Get a Permanent Restraining Order Lifted

By Mike Broemmel
a permanent restraining order

Hand and document at the meeting image by Dmitry Goygel-Sokol from Fotolia.com

Remaining the subject of a permanent restraining order poses the potential for unintended consequences. For example, if you seek a new job, your potential employer may discover the outstanding restraining order during a routine background check. Therefore, you may be at a juncture at which you desire to have a permanent restraining order lifted.

Obtain a motion to terminate restraining order form from the court clerk where the restraining order was issued. Court clerks across the country typically maintain a selection of standard form orders for individuals not represented by counsel.

Complete the motion form. Specifically explain why you believe lifting the restraining order is appropriate. For example, if more than a year elapsed since the order was issued initially and the petitioner did not seek an extension, timing alone may be enough to terminate. (Most states permit a termination of a restraining order after a year absent a request for extension by the petitioner.)

Include any other appropriate rationale for terminating the restraining order. Advising the court that you successfully completed an anger management program is an example of such a rationale.

Avoid making the claim that the permanent restraining order is groundless. The fact that the restraining order is permanent means a judge previously considered the underlying merits of the application for a restraining order and fount merit to the request.

File the completed motion form with the court clerk.

Obtain a hearing date on your motion from the clerk of the court or the administrative assistant for the judge assigned your case.

Request that the court clerk or the judge's administrative assistant send a copy of the motion and the hearing notice to the petitioner. Avoid mailing these items yourself to the petitioner unless you obtain specific authorization from a court official to do so. Mailing court documents might be construed to be a violation of the restraining order.

Attend the hearing and present evidence favorable and supportive of your request. The evidence includes witness testimony and any documents to support your position.

About the Author

Mike Broemmel began writing in 1982. He is an author/lecturer with two novels on the market internationally, "The Shadow Cast" and "The Miller Moth." Broemmel served on the staff of the White House Office of Media Relations. He holds a Bachelor of Arts in journalism and political science from Benedictine College and a Juris Doctorate from Washburn University. He also attended Brunel University, London.

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