Is it possible to drop a restraining order once it’s been issued?

Yes, it is possible to drop a restraining order once it’s been issued in New York. This can be done if the court issuing the order receives a written request from either the plaintiff or the defendant, or if someone else representing the plaintiff or defendant. Once the court receives this written request to drop the restraining order, the judge will schedule a hearing to consider the matter. The hearing is typically held within a few weeks after the judge receives the written request. During this hearing, the person who requested the restraining order must explain why they want to dismiss it. The judge presiding over the hearing will consider testimony and evidence from both sides before deciding if it is appropriate to drop the restraining order. The court may decide to drop the restraining order in certain cases, such as when both parties agree that it is no longer necessary. In other cases, the court may choose to modify the restraining order rather than dropping it altogether. The court also may decide to keep the restraining order in place if the judge believes that dropping the order may put the plaintiff in danger or that both parties have not fully resolved the dispute. It is important to note that the court has the final say on whether or not a restraining order is dropped.

Related FAQs

What are the legal rights of grandparents in cases of domestic abuse?
What steps should a victim of domestic abuse take to ensure their safety?
What are the limitations of a restraining order?
What is the difference between a temporary and a permanent restraining order?
What steps should a victim of domestic abuse take when trying to collect child support from their abuser?
What is a protection from abuse (PFA) order?
Is it possible for a victim of domestic abuse to retain custody of their children?
What is the difference between a restraining order and a PFA order?
What help is available for children who experience domestic abuse?
What is the legal definition of stalking in cases of domestic abuse?

Is it possible to drop a restraining order once it’s been issued?

Related FAQs

Related Blog Posts