Motion To Modify Or Dissolve Temporary Injuntion

Even after the injunction for protection has been entered, the respondent can file a motion to dissolve the injunction if the circumstances have changed. The motion can be filed to dissolve an injunction for protection from domestic violence, dating violence, stalking or repeat violence.

The injunction can only be removed, or changed by the Judge. If there is an open criminal case of domestic battery whether felony or misdemeanor, then a person may have to apply for a change of the conditions of pre-trial release as well.

Step 1: Go to the district court to begin the filing process. Step 2: Fill out the petition. Step 3: A judge reviews your petition and may grant you a temporary restraining order. Step 4: Service of process. Step 5: The TRO/injunction hearing.

The court's permission is necessary to drop a restraining order, and the party needing to drop it must remain present in the courtroom before a judge. Even if the person that caused the circumstances to seek a restraining order lives with the protected party again does not mean the order will automatically drop.

You cannot drop the charges, but as long as the judge believes that you are not being forced or coerced into dropping the No Contact order, he/she should drop it. Just go to the court that put the order in effect and ask the Clerk's office to pull the case and tell them what it is that you are seeking.

Each party may bring witnesses to testify for them at the hearing. The judge may issue a final, or permanent injunction after a hearing with both parties. Unless it is for a certain time, an injunction stays in effect until the court changes it. There are penalties if respondent violates the injunction.

The purpose of the injunction hearing is twofold to give the accused abuser an opportunity to have his/her case heard and to decide if the injunction should become permanent. There will be no jury, and the judge alone will look at the facts of a case and the applicable law to determine the outcome.

Move on. It may be put in place for only a month, three months, six months, a year. However, in certain cases, there may be a basis to argue that you would like it in place until further order of the court. That means it's a permanent injunction.

If a Permanent Injunction is granted, it will be effective until it is changed or ended by the judge at either party's request, after notice and hearing, or until a specific date set by the judge (i.e., 1 year, 3 years, 5 years, etc.).

Litigants may beat an injunction by appealing it. The rules governing injunctions vary by jurisdiction, but the rules of each state usually closely resemble each other. Litigants may beat an injunction by appealing on many different grounds simultaneously.