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Can you have a restraining order dismissed?

On Behalf of | Jan 27, 2021 | Criminal Defense

Many people in Illinois don’t realize that you can have a restraining order dismissed if you want to get in contact with the other party again. If you believe that you can contact this individual without risking the safety of yourself or your family members, here’s how you can petition to have the order dismissed.

Dismissing a restraining order

Many victims of domestic violence file for a restraining order to prevent the other person from contacting them or attempting to harm them or their family members. Perhaps you found yourself in this position at one time. If there is reason to believe that the offending person has now cleaned up their act, you as the victim might decide to have the restraining order dismissed.

To do this, you’ll have to visit the local court clerk to get the paperwork. Make sure you have the restraining order’s case number. You’ll have to check a box that acknowledges you know what you’re doing and want the restraining order rescinded. After you file the paperwork, the judge will either accept or reject your petition.

Keep in mind that if your petition for dismissal is successful, you’ll find it harder to file for another restraining order later. Additionally, this individual will now be able to contact you without getting into legal trouble. If they become a threat to your safety again, they might hire a criminal defense attorney who could point out that you willingly had the restraining order dismissed.

Should you hire an attorney during this time?

If you’re thinking about having a restraining order dismissed, consider talking to an attorney first. An attorney might be able to advise you on whether that’s the best option. They might recommend leaving the restraining order in place to protect your safety. If not, they could help you figure out how to file the paperwork.