How to remove an order of protection

Written by stephanie mojica
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An order of protection, also known as a protective or restraining order, is granted by a court in cases of domestic violence or other types of familial abuse. Ordinarily, you can get such an order only against someone with whom you have a romantic or family relationship, according to the Center for Relationship Abuse Awareness. Even in instances of threats or violence, sometimes involved people decide to reconcile. It is necessary to get the restraining order reversed so the other party can legally contact you once again. Removing an order of protection, legally called vacating the order, is usually an easy process.

Skill level:
Moderate

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Things you need

  • Your Social Security number
  • Current address and birthdate of the other party

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Instructions

  1. 1

    Visit the courthouse where you obtained the order. This will usually be the civil division but may be family court. Once at the appropriate clerk of court office, ask for a form to cancel a restraining order.

  2. 2

    Fill out the form. Briefly explain why you no longer want protection and provide basic identifying details for yourself and the other party, including full names, addresses and birthdates. You'll also have to provide your Social Security number. There are no fees for getting or cancelling a restraining order in the United States.

  3. 3

    Wait for a court representative to review your paperwork. Depending on the schedule of the judge or magistrate, you may have to return within seven days for a hearing. However, it is possible you will meet with a judicial authority that day.

  4. 4

    Talk to the judge or magistrate as directed, whether that day or at your hearing. She will ask you if you really want to remove the order of protection.

    Once the order is removed, a law enforcement official, such as a sheriff's deputy, will serve the other party with notice. At this point, he may legally contact you again.

Tips and warnings

  • Remember that if abuse or threats escalate again in the future, you can still go back to the same court and ask for a new order of protection.
  • Even if you and the other party have reconciled, don't bring him to court with you. This can lead the court staff to believe you are being intimidated into removing the order.

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