What are the grounds to have a restraining order removed?

04/29/2009 - Criminal - State: ALL #16371

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.

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.

Please see the information at the following links:

http://definitions.uslegal.com/r/restraining-order/
http://lawdigest.uslegal.com/family-laws/protective-orders/

04/29/2009 - Category: Criminal - State: ALL #16371

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