Drop a Restraining Order

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ear you, use this Locator and enter your zip code. To find an experienced family law attorney, you can visit your state’s bar association, which should run a referral program.If you cannot afford a lawyer, then you may want to reach out to a local legal aid organization. Legal aid organizations provide free assistance to low-income people. To find a legal aid organization near you, use this Locator and enter your zip code.Understand the factors a court considers.
Courts will consider different factors in determining whether there is “good cause” to dissolve the restraining order. The touchstone of the inquiry is whether there has been a “change of circumstances” sufficient to justify dissolving the restraining order. The factors a court considers may include: The victim’s consent. If the victim voluntarily consents to dropping the restraining order, then the court should lift the restraining order. The victim’s fear of the defendant. If the victim fears the defendant, then the court may consider leaving the restraining order in place, as it helps the victim stand up to the defendant. The nature of the relationship between the parties. Here, the court will consider the capacity of the abuser to continue to control the victim. If the two parties have children together, then a court may find it inappropriate to dissolve the restraining order. Contempt convictions. If the abuser violated the restraining order, then the judge can consider those violations as proof that the abuser has not broken the cycle of violence and circumstances have not sufficiently changed. Other violent acts. If the defendant has acted violently toward third parties or the victim, then the court may find that the victim needs continued protection. Involvement with drugs and alcohol. In most cases, drugs and alcohol play an important role in abuse. If the defendant continues to use drugs or alcohol, then the court may find that the victim still needs protection. Domestic violence counseling. If the defendant has engaged in counseling, then the court might consider this factor weighing in favor of dissolving the restraining order. Defendant’s age and health. In some situations, the defendant’s age or infirmity would support dissolving a final restraining order. Victim’s good faith. The court will look to see whether one party misused restraining orders as part of a divorce action. Protection orders in other jurisdictions. The court may consider whether courts in other jurisdictions have entered restraining orders protecting the victim from the abuser. Any other relevant factor. The victim’s consent. If the victim voluntarily consents to dropping the restraining order, then the court should lift the restraining order. The victim’s fear of the defendant. If the victim fears the defendant, then the court may consider leaving the restraining order in place, as it helps the victim stand up to the defendant. The nature of the relationship between the parties. Here, the court will consider the capacity of the abuser to continue to control the victim. If the two parties have children together, then a court may find it inappropriate to dissolve the restraining order. Contempt convictions. If the abuser violated the restraining order, then the judge can consider those violations as proof that the abuser has not broken the cycle of violence and circumstances have not sufficiently changed. Other violent acts. If the defendant has acted violently toward third parties or the victim, then the court may find that the victim needs continued protection. Involvement with drugs and alcohol. In most cases, drugs and alcohol play an important role in abuse. If the defendant continues to use drugs or alcohol, then the court may find that the victim still needs protection. Domestic violence counseling. If the defendant has engaged in counseling, then the court might consider this factor weighing in favor of dissolving the restraining order. Defendant’s age and health. In some situations, the defendant’s age or infirmity would support dissolving a final restraining order. Victim’s good faith. The court will look to see whether one party misused restraining orders as part of a divorce action. Protection orders in other jurisdictions. The court may consider whether courts in other jurisdictions have entered restraining orders protecting the victim from the abuser.Any other relevant factor.Meet with a state worker, if required.
Some states require that the victim meet with a state employee to talk. New Jersey requires that you meet with Family Intake to discuss the reasons why you want to dissolve the restraining order. The worker will also counsel the victim on their rights and the ramifications of the dissolution of the restraining order. The purpose of meeting with an intake worker is to make sure that the victim is not seeking dissolution because of coercion or

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