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In situations where a court issued a restraining order that lack jurisdiction, that order is also invalidated. If this is proven during the trial, you are not bound by such an order. Falsely accused. In case you are falsely accused of violating a restraining order, a defense attorney can clear you of all the charges.
You cannot drop the charges, but as long as the judge believes that you are not being forced or coerced into dropping the No Contact order, he/she should drop it. Just go to the court that put the order in effect and ask the Clerk's office to pull the case and tell them what it is that you are seeking.
There is no cost to file for a protection order or to have it served on the abuser.
While a restraining order might seem helpful in preventing you from harm, it can make things much worse.Because of this, they do not care and will continue to do all of the things that lead you to get a restraining order.
If you think you need to obtain a restraining order, or have been served with a temporary restraining order, you should reach out to a criminal attorney or family law attorney. You should have legal representation at the hearing where the court will decide whether or not to issue a permanent restraining order.
The court is looking for a description of your relationship to the respondent, when, where, what happened, and who did what to whom. Using the facts of the incident only, keep your statement brief and to the point. Briefly describe the most recent incident of abuse and/or threats of abuse or other behaviors.
Stay Away Provision: Ordering the abuser to stay at least a certain number of yards or feet away from the victim, his or her home, job, school, and car. The stay-away distance can vary by state, judge or the lethality of the situation, but is often at least 100 yards or 300 feet.
There are typically two reasons for a denied restraining order petition: Petitioner did not establish a claim for relief. Petitioner did not appear at the time set for the ex parte hearing on the petition.
If a Judge hears from an individual about past cases of physical or emotional abuse without a good explanation from the other side, a restraining order can be granted.If the connection between the parties is something else, like neighbors, then the restraining order is a civil one, not domestic violence.