What are the grounds to have a restraining order removed?

Full question:

If a plaintiff has a permanent restraining order in effect but contacts the defendant, can they get in trouble with the law or can the defendant use it against the plaintiff to have the restraining order dropped.

  • Category: Criminal
  • Date:
  • State: National

Answer:

Generally, the terms of the order will govern the acts that are
prohibited. If the order doesn't specify that the plaintiff isn't to
contact the defendant, it may be unwise for the plaintiff to do so, but
not legally prohibited. Typically, when neither party is allowed to
contact the other, a mutual stay away or no contact order will be agreed
to by the parties or ordered by the court. It may be possible to request
that the court include terms requesting no contact by either party.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

If your ex has a restraining order against you and continues to contact you, they may be violating the terms of that order. You should document any contact and report it to law enforcement. This could lead to legal consequences for your ex, including potential criminal charges. It's important to consult with an attorney to understand your rights and options in this situation.