Restraining orders must be canceled by a judge.
Restraining orders or protective orders are judicially-issued documents that typically notify an alleged abuser to cease harassing a victim and refrain from all contact. Other mandates can include payment of child or spousal support, vacation of a shared domicile, counselling, and relinquishment of firearms. Because these orders are issued by the court, they can only be rescinded by the court. You can't just decide you no longer want or need the protection order to be in effect. Specific details on dropping restraining orders vary based on county and whether the order was issued in civil or criminal court.
Instructions
1. Refrain from all contact with the respondent--the alleged abuser--until the restraining order has been legally terminated by a judge. The petitioner--the alleged victim--does not have the legal right to grant permission to violate any terms of the order, and the respondent can be arrested for any violation, even if the petitioner consents. No terms of the order can be changed by the petitioner's words or actions without a written court order.
2. For restraining orders issued in the civil court, request the form for an Order on Termination of a Protective Order from the county clerk at the court in which you originally filed for the restraining order. While the specific forms vary by county, many characteristics are standard. The original petitioner must sign a document affirming she has not been coerced or threatened to drop the order, no longer fears for her safety, and is still entitled to protection under the order but desires to relinquish that right. The form typically requires the names of petitioner and respondent (alleged abuser), a judge's signature, and the petitioner's signature.
3. Make a statement to the judge responsible for your case. You will need to reaffirm the information in the termination request, that you understand your rights and are not being coerced into dropping the protection order. The judge has the ultimate authority to decide whether to drop the restraining order.
Tags: restraining order, alleged abuser, from contact, issued civil, orders issued