How to Lift a Restraining Order
A restraining order is issued through the court system by an individual to protect themselves against threats from an ex-spouse, ex-lover, or stalking. A restraining order can be issued against a person that is harassing via email, text, or telephone. Lifting a restraining order can be initiated by victim via the courts or it may expire on its own.
- Go to the courthouse or contract
an attorney to request the restraining order be lifted if you filed
it. They will ask you the reason you want to lift the order and
there is probably some paperwork you will need to file. Keep in mind
if you have an abusive spouse that you filed a restraining order
against who has convinced you to lift the order, if you later want
to re-file you may difficulties doing so. - Removing a restraining order
depends what state you live in. Some states make it more difficult
to lift than others. Also a temporary restraining order is normally
ordered first and before or when it has expired, if there is still a
threat, a permanent order can be filed which can last up to five
years. - In child custody cases, sometimes
a restraining order may have been filed during the divorce
proceedings if there was a lot of hostility. After the divorce, the
courts may agree to lift the restraining order but with extenuating
circumstances, such as lifting it during visitation with the child
or children. Again, each state will handle restraining orders and
lifting them slightly different, so it is important to speak to your
attorney or the courts to make sure you understand what lifting the
order means.