Q:

Can a restraining order be removed?

A:

Quick Answer

A restraining order can be removed by a judge in a court of law, according to Divorce Source. One or both parties can request that the judge either modify or dissolve the legal injunction. It is up to the judge to determine if lifting the order is in the best interests of the parties concerned.

Know More

Full Answer

According to Theodore Stilwinski, Esq., a judge takes into account eleven key factors when considering a request to dissolve a restraining order. For instance, a judge will want to know if the victim who filed the order consents to having it lifted. Fear is commonly a factor in domestic violence situations, so the judge will look into how much fear the victim has of the other party.

A judge must consider the current nature of the relationship between the two parties, says Stilwinski. Judges determine if the relationship has changed for the better or not. This requirement also involves evaluating the status of the relationship at the time the order was granted. If there are children, their welfare also is considered. The behavior of the defendant comes into play as well. For example, if the judge determines that the defendant has repeatedly violated the order or has acted out in a violent manner towards the victim, she can use it as grounds for keeping the order in place.

Learn more about Law

Related Questions

  • Q:

    Why do people study law?

    A:

    People typically study law in order to work in a profession that requires the knowledge of the law, such as a judge, lawyer or legal aide.There are many different kinds of people who study law and even more reasons why a person chooses to study law.

    Full Answer >
    Filed Under:
  • Q:

    How do you get free divorce forms?

    A:

    Companies such as the Divorce Source and Rocket Lawyer offer free divorce forms available for download. Customers may choose the applicable state and a specific divorce packet, either for a case involving or not involving children, to download and print, states the Divorce Source.

    Full Answer >
    Filed Under:
  • Q:

    What are my rights if my husband leaves me?

    A:

    One spouse has various legal rights if the other leaves, including a case for divorce, financial support and the right to sue, according to Divorce Source and Cindy Chung for LegalZoom. These rights rest on "abandonment" as legal grounds against the spouse who left.

    Full Answer >
    Filed Under:
  • Q:

    What is a legal affidavit?

    A:

    A legal affidavit is a printed or written statement prepared and signed by a witness or party before a court of law or some other authority that possesses the power to witness an oath. An affidavit has specific features and details that must be present, and must be in a form that is accepted by legal clerks, attorneys and prosecutors. Affidavits filed in court must be served to all parties.

    Full Answer >
    Filed Under:

Explore