This form is for use after a protective order has been issued and a party requests to have the entire order dissolved.
This form is for use after a protective order has been issued and a party requests to have the entire order dissolved.
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Reconciliation. Strangers do not perpetrate DV, someone they love does. When someone you love is the perpetrator, leaving for good is the hardest part. Children. Kids miss their parents, and parents miss their kids. There is a constant pressure for a parent to return to being a "family."
If you intend to apply to the court to revoke or vary a restraining order, you will need to prove that a change of circumstances has occurred. If everything has remained the same, then it is unlikely that the court will be willing to adapt or dissolve the order. A change of situation is case-specific.
Consult with a family law attorney experienced in defending people against false restraining orders. You must go to court for the final restraining order hearing and present your evidence proving why the accusations against you are false. The evidence can be police reports, witnesses, text messages and or emails.
A protection order may be varied, withdrawn or set aside if the complainant makes an application for variation or rescission, but only if the court is satisfied that the application is being made freely and voluntarily.The court may refuse to withdraw if it believes that you or your children require protection.
Typically, either the victim or the defendant can ask the court to lift the restraining order. This is usually completed by filing a motion with the court, such as a Motion to Modify Conditions of Pretrial Release or a Motion to Lift Restraining Order. This legal motion must usually identify the parties.
If you're the person who asked for the no contact order, you can ask the judge in your case to drop it. While there's no guarantee that the judge will do so, if you can show that you're not being forced or coerced into doing it, you'll have a better chance of getting it dropped.
The court is looking for a description of your relationship to the respondent, when, where, what happened, and who did what to whom. Using the facts of the incident only, keep your statement brief and to the point. Briefly describe the most recent incident of abuse and/or threats of abuse or other behaviors.