Legal Question in Family Law in Florida

Re: Permanent Restraining Order

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You cannot drop the restraining order. You can request the State of Florida to do so, but once it is entered, it will be up to State to decide if it believes it is a smart decision and then up to the judge to make a determination. Your significant other can move to set it aside, and the Court will allow testimony and then decide.

The State will generally not drop the battery charge because you ask for them to do so. Once a charge is filed, it takes on a life of its own. You will need to speak with the State Attorney's Office who is prosecuting the charge to try and get it dismissed. In some jurisdictions, they require the alleged injured party to take a class before they will even consider such a request and then the party must sign a sworn affidavit before they will consider dismissing the charges.

Scott R. Jay, Esq.