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!