Most restraining orders are set to automatically expire after a specific time period. (ex: 30 days, 90 days, one year, etc.) If you want the Court to terminate a restraining order BEFORE that specified date, you must Petition the Court that granted it for an Order to Terminate. The Clerk of whatever Court issued the Restraining Order can help you with the required paperwork if you don't have an attorney. Remember though, once a Court issues a Restraining Order, it is rather reluctant to terminate it before the date contained within the order. Courts don't like to waste judicial time with people changing their minds.
If you are the person who requested it - return to court that issued it, get yourself on the hearing docket and when in front of the judge tell him you'd like it dismissed. If you are the person who is the one restrained by the order - you will have to present a petition/motion to be heard by the judge. At your hearing (at which the plaintiff will be in attendance) you will have the opportunity to present testimony as to why the order should be lifted.
If you are answering a subpoena to such a hearing, you will be given a chance to argue your side of the case, and the judge will make his decision. If it's already been issued you're too late. You will have to go to court and file a motion requesting an appearance in front of a judge to oppose the order.
If someone wants to vacate a restraining order it means to not have it exist anymore.
Request a restraining order or vacate order if appropriate.
You would need to request a restraining order including an order to vacate the home. You should consult with an advocate at your local family court or with an attorney.You would need to request a restraining order including an order to vacate the home. You should consult with an advocate at your local family court or with an attorney.You would need to request a restraining order including an order to vacate the home. You should consult with an advocate at your local family court or with an attorney.You would need to request a restraining order including an order to vacate the home. You should consult with an advocate at your local family court or with an attorney.
The spouse can, but not the children.
If the relative is "on the deed" they have the right to the use and possession of the property as an owner. You can't "remove" them. If this is a domestic matter, you can apply for a restraining order and a judge could order the person to vacate the premises.
can you cancel a restraining order?
Permanent Restraining Order
I think you mean a DV restraining order: It is a domestic violence restraining order. It is a court order that can help protect people from abuse.
A restraining notice is an order of protection. If you have a restraining order against someone then they can't be within a certain feet of your.
It means that whatever was decided at, or about, the 'dispositional hearing' was declared null and void by the 'order to vacate.'
File your own motion with the court requesting a hearing on this matter. Present YOUR side of the story including ALL the documentation you have on your side of the argument. If the judge finds your side of the story persuasive he could very well vacate the order.
If you filed the restraining order, you can withdraw it. You must go back to the court where you filed the restraining order and ask that it be dropped.