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First, the plaintiff (the person filing the case) fills out the DVPO paperwork and gives it to the clerk of court. To dismiss a permanent restraining order, you can file a Motion To Renew or Set Aside Protective Order (AOC-CV-313) with the clerk.A motion to vacate must be filed within a reasonable time after the judgment was issued. You will need your case number, contact information and information for the other party to complete the reservation. 3. Filing your documents:. FormTitleRevisedNC 02. Use the form called Notice of Motion to Vacate Judgment and Declaration (SC -135) to say why you did not go to court or why you were not properly served. Typically, either the victim or the defendant can ask the court to lift the restraining order. Use this packet if you want to ask the Court to Terminate a Restraining Order. FormTitleRevisedNC 02.