RULING ON DEFENDANTS’ MOTION TO DISMISS I. Never ask for a dismissal and then ask for another order of protection. Maybe you did not allege a change of circumstances to modify a custody order or you failed to include enough information about domestic violence when seeking a restraining order. A restraining order is issued by a court to protect a person from physical abuse, threats, or harassment by another specific person. This article was co-authored by Clinton M. Sandvick, JD, PhD. Plaintiffs request for temporary restraining order is DENIED. Evidence can take the form of testimony by the parties, witness testimony, and documentary evidence. Webster ruled against the restraining order but is taking a motion to dismiss the case under advisement. In most cases, a dismissal is ordered. After the document is stamped with the time and date, you will receive a copy for your records. However, an order is only one part of staying safe and may not be the safest option in every situation. A plaintiff may request that an Order of Protection be dismissed or quashed at any time during the term of the order. The Motion form may be used if you are a party to a previously entered injunction for protection against domestic violence, repeat violence, dating violence, or sexual violence and you want the court to modify the terms of the injunction. Step 3: Complete the application form to start your case Step 4: If you need an urgent order, complete and file motion materials with your application. Are you sure that he is no longer a threat? do, as well as questions to ask and think about. Before representing yourself, you should make every effort to get legal help. Submit. At that point, it’ll be up to the police to decide if they should be arrested for contacting you. If the order is denied, you can petition the court for a hearing to have the order of protection dismissed. In order to remove it, the restraining order must be lifted by the court. If there is a filing fee, then ask for a fee waiver if you cannot afford the fee. If the petitioner is in agreement to terminate the order of protection you will need to file a motion to show cause seeking termination of protective order. Start a free trial now to save yourself time and money! PR-Dis1-104. I filed a motion to dismiss a restraining order, but was not successful. Lifting the Order Typically, either the victim or the defendant can ask the court to lift the restraining order. “It is perfectly proper, and in fact mandated, that the district court dismiss Include your email address to get a message when this question is answered. We can help. There is no restraining order to violate at that point. The protected person, or the protected person’s attorney, parent, legal guardian (if a minor), or an appointed Conservator for the protected person may ask the court at any time to modify or dismiss a Protection Order. I am the Petitioner. There are more papers to fill out and a court hearing to attend if the judge denies your petition and you still want to have it dismissed. If you have not … We use cookies to make wikiHow great. The Appellate Division recently rendered an unpublished decision indicating that upon filing a Motion to dismiss a Restraining Order if the Court finds that there are factual … Alternately, if you are the defendant, then you may wish to have the restraining order dissolved because you think it was entered improperly or is no longer needed. Available in Spanish and Hmong. The following forms are updated and valid for use in … A judge can also dismiss the FAPA order after a hearing on the merits, if the judge finds that there aren’t grounds upon which the restraining order can stand. For more help from our co-author, like how to serve a copy of the motion on the other party, read on. The ADP’s motion to intervene is pending before this court.Consistent with discussion at the scheduling conference (Doc. will be held within 5 working days. For example, if the restraining order is dissolved, you’ll lose the ability to have the defendant arrested for violating the order. The purpose of meeting with an intake worker is to make sure that the victim is not seeking dissolution because of coercion or duress. Download PDF Download Word Document Revised 08/13 JDF 394 - Emergency Protection Order Issued Pursuant to §13-14-103, C.R.S. 1) Demonstrate there is “good cause” to dismiss the restraining order by meeting the 11 factors listed in Carfagno v. Carfagno, 288 N.J. Super. Primary Sidebar. References. If no Response has been filed, only the Petitioner may request to dismiss a case. Ask the court clerk. 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