If I am the defendant in a hearing to have a permanent restraining order removed, am I obligated to appear in court?

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If I am the defendant in a hearing to have a permanent restraining order removed, am I obligated to appear in court?

My ex-wife put a restraining order on me and now wants to have it removed. Why I don’t know but I do not want to have to go to court and see her. I want to know if I am obligated to appear in court or not and if I will have to pay any court fines?

Asked on February 9, 2012 under Criminal Law, Colorado

Answers:

Kelly Broadbent / Broadbent & Taylor

Answered 10 years ago | Contributor

Typically, in Massachusetts, if the party that holds the order wants to have it dismissed, they would make a motion in the court to do so.  That party would be required to give you notice, so that you can oppose any potential change in the restraining order.  

While it is not mandatory for you to be present for your wife to proceed, I would strongly recommend that you attend the hearing, if only to make sure that the order is not changed in some other way.  You can sit on an opposite end of the court from her, and simply give your assent when the judge asks if you object to the order being dismissed.  In the event the judge makes some other change, you will know what the change is.


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