Judges use restraining orders as a tool in many different circumstances,
ranging from domestic violence and abuse to stalking and harassment. Those
who have an order filed against them are required legally to adhere to
its terms or risk facing criminal consequences, including possible fines
and jail time. However, those who have these orders filed against them
could also face added consequences—restraining orders are part of
the public record and thus can appear when someone performs a criminal
background check on you, such as when you apply for housing or a new job.
Fortunately, restraining orders are generally much easier to get rid of
than most people might think. Here are three ways an order can be removed.
The Victim Drops the Order
If the person who files for a restraining order willfully decides the order
isn’t needed anymore, they may petition the court to have the order
dropped. To do this, you’ll simply both fill out a form stating
that you wish to have the order or injunction dropped, and after a brief
hearing your order dismissal should be granted. Once the petition is processed,
the restraining order will be removed and you’ll be free to live
your life without restriction. This is perhaps the easiest method to having
an order dropped, but you’ll have a hard time convincing the person
who filed the order to drop it, especially if communication or contact
is one of the actions forbidden by the order.
The Order Expires
So long as your restraining order isn’t an injunction (a permanent
restraining order), it will eventually expire. If the order expires and
the victim doesn’t have it renewed, then it will disappear out of
your record and you’ll be free to live as you please. Most restraining
orders are temporary, including most of those which are obtained during
family law matters, so odds are you probably can simply let the order
expire and you’ll be free to live as normal again.
Petition the Court
If you have an injunction against you, or the victim who filed the initial
order refuses to drop your order, you can initiate the dismissal process
on your own if you believe it’s no longer necessary. In this instance,
you’ll fill out the same form as previously mentioned, only indicate
that you’re filing to have the order dropped on your own, and then
serve notice to the person who filed the order in the first place. At
your hearing, the judge will hear and weigh arguments from both sides
before ultimately ruling whether or not the protective order should be dropped.
It’s strongly advised you have a Milwaukee criminal defense lawyer
on your side if you’re attempting to have a restraining order dropped.
Call the Law Office of Christopher J. Cherella today at (414) 882-8382 and
request a case evaluation to get assistance!