Legal Question in Criminal Law in Washington

restraining orders

How do you go about getting a 5 year court ordered restraqining order dropped


Asked on 12/18/03, 10:00 pm

1 Answer from Attorneys

Jeffrey A. Lustick, Esq The Lustick Law Firm

Re: restraining orders

If the order is still in effect and you are a party-in-fact to the order (i.e. either the one who originally requested it, �the petitioner,� or the one who was restrained by it, �the respondent), then you can go to the court that issued it and request a hearing. Formal written notice must be given in advance to the other party, and if it�s an order from a criminal case, you must also notify the prosecutor. The court then holds the hearing and you tell the judge why the order should be lifted. If the judge agrees with your reasons, then the order will be rescinded. If not, the order will remain in place.

The reason I premise this answer on the order still being in effect is that some kinds of orders automatically terminate within one, two, or five years of being issued. The expiration date should be stated right on the order. If not, I again recommend that you call the clerk of the court that issued the order and see if they can provide this information. Also be aware that depending on the kind of order, there may be an application fee and court costs associated with serving notice which you�ll have to pay up-front to get this hearing.

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Answered on 12/19/03, 12:28 am


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