A restraining order is a court order that restricts an individual from doing certain things, such as being in a particular place or having contact with a specified person. The best method for lifting or repealing a restraining order is careful compliance, followed by representation from an experienced attorney.
- Skill level:
Things you need
Determine what type of restraining order you have received from the court. If it is a temporary restraining order, it may only be for a few days or weeks and you may want to simply wait it out in order to save money in legal fees. If a short-term restraining order may interfere, however, with your ability to earn money or protect your investments, you may want to consult with an attorney.
Comply with all aspects of your restraining order before you try to lift it. Showing the court that you are willing to obey and submit to all judgments will go a long way toward getting a judge to listen to your side of the case with an open mind. If you violate the conditions of your restraining order, you will seriously reduce the chances of having it lifted.
Hire an attorney to petition the court to lift your restraining order. Lifting a restraining order is simply not a legal procedure that you should handle yourself, and any attempt to petition the court without proper legal representation may be ignored, since it will be perceived as a waste of the court's time.
Remember that a restraining order may limit your rights to petition the court. Read the conditions of your restraining order carefully to determine whether further action, such as a court petition, may actually hinder your case. An attorney will certainly consider this before accepting you as a client.
Behave yourself while in the presence of the court and follow the directions of your attorney. A restraining order is usually given to individuals who fail to comply with instructions from others, including the plaintiff, the court, attorneys or law enforcement. Your ability to lift your restraining order will depend upon your willingness to cooperate with everyone and to show that you are a calm, law-abiding system who is not a threat to others.
Tips and warnings
- Even a so-called permanent restraining order isn't permanent, since the court must assign a specific amount of time for restraining the behavior. It is, however, easier to renew a permanent restraining order than a temporary one.