Legal Question in Family Law in Florida
how to cancel a restraining order
i ned to cancel a restrining order, there is a death im my family in texas that we must go to. my husband has not been served yet and it is sunday and i don't know what to do. the problem we had was between my son and my husband my son is here visiting and my husband is in a hotel we have spoken at length and everything is ok with us and i ned this dropped now before it completely tears this family apart. nothing ever likw this has haapened before please help
1 Answer from Attorneys
Re: how to cancel a restraining order
The only to cancel a restraining order is to schedule a motion before the court where it was originally entered. Generally, it would be wise to seek a hearing before the same judge who heard the original petition and granted the restraining order as another judge may be unwilling to set aside an order of this nature which was entered by a fellow judge.
Restraining Orders are extrememly serious in nature and should not be requested unless truly necessary. When you file a petition for a temporary injunction, you are swearing to the Court that the other party poses a clear and present danger to you. Many judges will not believe that the dangerous person of last week no longer poses any threat. Even if you ask for the Order to be quashed or set aside, the Court may decline to do so.
Scott R. Jay, Esq. 305-249-8000
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