How to Get a Protective Order Removed

By Salvatore Jackson

A restraining order, also known as a protective order, is an injunction issued by a judge that prevents a party from committing certain acts. If you are a domestic violence victim, a protective order issued against your abuser prevents the abuser from contacting you or coming within a distance of you. If you have taken out a protective order against someone, you cannot automatically dissolve it. Instead, you must appear before the court that issued your protective order and ask for a judge to dissolve it.

Visit the clerk of court for the court that initially issued your protective order, and obtain a form for modifying or dissolving a protective order. In most states, only the person who took out the restraining order can have it removed on a unilateral basis.

Fill out and file the form for modifying or dissolving a protective order. The form for dissolving a protective order varies by jurisdiction. However, you will likely need to provide your name and the name of the person against whom you have a protective order. You will need to set forth your reasons for dissolving the protective order. Sign and date the form, and provide a safe address for being contacted about the hearing. After filing your request to dissolve the protective order, the clerk of court will provide you with a court date.

Continue to abide by the terms of the protective order. In most states, only a judge or magistrate has the authority to dissolve a protective order. Even after filing your request to dissolve a protective order, the party against whom the protective order is taken out can still be arrested and prosecuted for violating the order.

Attend court on the date provided to explain why you wish to dissolve your protective order. You will have the opportunity to explain to a judge or magistrate why the protective order is no longer necessary or convenient. If the judge consents, they will sign your request to dissolve the protective order, at which point the protective order will no longer be valid.

About the Author

Salvatore Jackson began writing professionally in 2010. He has experience with international travel, computers, sports and law. Jackson is a licensed attorney with experience in legal research. He received his Juris Doctor from Tulane University in 2010.

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