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2020 4.8 Satisfied (132 Votes)
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As written, that procedure allows a court to dissolve or vacate the final restraining order, but only if the judge who dissolves or modifies the order is the same judge who entered the order or has access to a complete record of the hearing on which the order was based.
If you are the victim, you should really just tell the judge that the no contact order should be dropped and your reasons why. If the victim wants it dropped then it is likely that the Judge will do so. It will not be adversarial and should be pretty short with you asking the Judge to drop the order.
If the Motion to Dissolve is granted after a hearing, the protection order will become immediately void and unenforceable.
However, a judge could legally terminate a restraining order for any reason thats valid where its in force; the most common is that the person who took out the protection order has violated it, or committed perjury to obtain it.
Introduce yourself and the case: Start by identifying yourself, how youre related to the case, and which case youre referring to (include the case number if applicable). State your request: Communicate your desire to have the charges dropped. This should be a simple, straightforward statement.
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The best way to win in a domestic violence restraining order case is to provide strong evidence that the petitioner is not being truthful. In these types of cases, the courts tend to side with the supposed victim of domestic violence, especially if other family members are in danger.
These factors include: If there were any additional crimes committed by the restrained person against someone. Completion of either domestic violence classes or sex offender treatment. The amount of time that has passed since the restraining order went into effect.
Emphasize facts, changed circumstances, and the impact of the order on your life. By carefully crafting your written statement, you increase the courts chances of favorably considering your request. Before submitting your statement, have it reviewed by a legal professional familiar with it.

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