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Can Restraining Orders be Removed?

Individuals who are accused of domestic violence, stalking or another form of unwanted and repeated contact may have a restraining order issued against them. However, there are situations in which a restraining order is not appropriate because the person being accused is innocent.

About Restraining Orders

A restraining order is a court order in which a judge commands that a person cannot make contact with another, and must keep a certain distance from them at all times. Typically, this includes:

  • Visiting the victim's home

  • Showing up at their place of work

  • Going to other areas the victim frequents

  • Phone calls to the victim

  • Social messaging

Unfortunately, some people take out restraining orders against an innocent person to manipulate situations. If a romantic partner does not want to end the relationship and does not want their partner to claim custody of their children, they can file a restraining order. In these circumstances, it is crucial you attempt to remove the restraining order, because violating it can result in jail time and hefty fines. But, can restraining orders be removed?

How to Remove Restraining Orders

Typically, the accuser or the defendant can ask the court to lift the restraining order. This is done by filing a motion with the court, such as a Motion to Modify Conditions of Pretrial Release or a Motion to Lift Restraining Order. If the accuser agrees with the lifting, the order would be removed if they state they are not afraid of the defendant and are not anticipating violence.

Lifting the Restraining Order

However, if the accuser is opposed to lifting the restraining order, the motion will state the reasons why it should be lifted. Normally, there will be a hearing after the motion is filed and a judge will decide whether or not to remove the order. The court hearing may still be necessary under certain circumstances if the accuser agrees to have it lifted. These circumstances may include:

  • domestic violence cases

  • sexual assault

  • stalking

  • any involvement of children

  • the person named is facing additional charges

A prosecutor may conduct a cross examination on the accuser. This is when the expertise of a lawyer is especially vital. An innocent person may not understand the nuances involved if a judge believes the restraining order should remain.

If you are subject to a restraining order, you face serious consequences if you violate it. As a result, it is crucial you hire one of our experienced Wasilla domestic violence lawyers at Denali Law Group.

Call (907) 357-5297 or fill out our case evaluation form today.

Why Choose Denali Law Group?

With over 75 years of experience and a steadfast commitment to our client's needs, we offer reliable, trustworthy, and experienced legal counsel. Our dedicated team has recovered millions of dollars in damages from personal injury claims. We take pride in helping you pick up the pieces when an accident leaves you in a difficult situation.

At Denali Law Group, we are dedicated to protecting the rights of all Alaskans, and we keep your best interest in mind at all times. With two law offices, one in Matanuska Valley and one in Anchorage, we serve clients throughout Alaska.

Let us protect your rights, reputation, and freedom today.

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