How to Get a Restraining Order Revoked

Updated February 21, 2017

A restraining order is an order by a court that prohibits one individual from continuing to harm another individual and from travelling within a certain number of miles or feet from the other individual's home or place of employment. When a restraining order is issued, it typically means that the individual requesting the restraint feels harmed or threatened. If the offending person is found guilty of violating the restraining order, he is usually sentenced to jail time or a fine and community service. If you want to get a restraining order revoked, there is typically a process you must go through.

Check with your state laws about getting a restraining order revoked. Different states have different laws surrounding restraining orders. A criminal attorney can help you understand the laws in your state, even if you don't hire him to get the restraining order revoked.

Determine the reason that you want the restraining order revoked. One of the main reasons for a judge revoking a restraining order is that the information on the original restraining order was inaccurate; perhaps the offender wasn't actually harmful or the restraining order was issued to the wrong person. Another reason a judge commonly revokes a restraining order is if the victim in the harassing situation decides she no longer wants the person to be restrained from her. This is commonly the case if the victim wants to communicate with the individual again. A restraining order is more likely to be revoked if the request comes from the victim in the case and not from the person against whom the restraining order exists.

File a motion to have the restraining order revoked with the court that originally issued the restraining order. Most people hire an attorney to do this for them, as the motion has to be written in a certain way for the court to consider the motion.

Attend a hearing to revoke the restraining order, if one is so ordered by the judge. If the victim is the one requesting the revocation of the restraining order and the case was not incredibly severe in nature, a judge does not always require a hearing to revoke the order.

Wait to hear word from the court that the restraining order has been revoked. This sometimes is done the same day the motion to revoke the order is received; other times, it takes weeks for the entire process. It all depends on the severity of the case, who is requesting the revocation of the order and the dynamics of past hearings in the matter.

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