How do we lift a restraing order that the state put on?
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How do we lift a restraing order that the state put on?
Domestic violence occurred so the court ordered my wife to take anger management classes which she is taking. The state also put on a restraining order where she can not contact me unless I am visiting our son. My wife and Iworked things out and would like the restraining order lifted. We wrote the judge a letter saying we want it lifted put they denied it.
Asked on January 9, 2012 under Family Law, Colorado
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Restraining orders like these are usually at the discretion of the judge. However, it's not impossible to undo. A letter to the judge isn't going to get you where you want. You, or preferrably an attorney on your behalf, can file a motion to terminate the order. The state represents the public interest. This does not mean that you cannot hire your own attorney to represent what is in your best interest. They can also have a hearing to demonstrate why the protective order is no longer necessary for your protection. You mention that you have a child together-- if there are already orders in place for the child, you may have additional options based on that order, espcially if it conflicts with the protective order. A family law attorney can explain to you the effect of overlapping orders and how to get a hearing set on your motion to suspend the protective order in your jurisdiction.
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