When it comes to Virginia Law, you cannot simply ‘drop’ a restraining order. This is due to the fact that restraining or protective orders are imposed by the court, hence only the court is authorized to drop or remove the order. Even as procedures vary from one state to the other, as a general rule you will have to file a motion for lifting or modifying the order with the judge who originally issued the order. In the motion, petitioners usually explain why they want the order to be dropped, with the ultimate decision resting on the judge or jury.
Restraining orders in Virginia can be filed for various reasons; from civil disturbances to coercion. Even as filing or petitioning for restraining orders is a licit and fundamental right, this can create a lot of ground for these orders to be misused or abused. There is an increasing trend of filing for restraining orders based on contradictory reasons or to establish some sort of leverage.
With all this in mind, it is not uncommon for partners or parties to a restraining order may sometimes decide to seek removal or dissolution of the injunction. The Commonwealth of Virginia recognizes this right legally. However, you or your former partner (or the opposing party in an order of protection) cannot simply endeavor to drop a restraining order. This is because of the fact that restraining orders are issued and authorized by a court, and hence only the court has complete authority over removing, dismissing, modifying or dropping restraining orders.
Who can petition to drop a restraining order?
When we talk about Virginia, either party involved in the restraining order can file a petition against a restraining order. This is done by filing a motion to lift or modify the existing order. In most cases, the requesting party needs to adequately convince the judge, jury or court that dropping the injunction or protective order is in the best overall interests of both the parties and the state. For instance, the restrained party may argue that they have undergone anti-violence or anger management counseling or have remained sober; the restraining party may argue that they no longer feel threatened or that the order harms the wellbeing of children in the house.
How does the Judge usually respond?
Often times, both parties in a dispute which involves a restraining order, may support a request for removing, lifting, dropping or modifying the order in any way. However, this does not in any way obligate the judge or the presiding jurist to drop it at the moment. Once restraining orders have been filed and put in place, the state has in interest in maintaining it; one of the reasons for this is potential coercion any party may have to deal with in dropping an injunction. Another reason could be the fragility of both parties and their inability to make good decisions. All these perceptions depend upon the judge or jurist.
How to drop a restraining order in Virginia – call us at 888-437-7747.