How to Get a Restraining Order Dismissed
A restraining order (also called a protective order or order of protection) can have profound effects on your life, including restrictions on where you can go, whom you can contact, and whether you can possess firearms. If you believe a restraining order was improperly issued or is no longer necessary, you have the legal right to challenge it.
Understanding the Types of Restraining Orders
Before attempting to have a restraining order dismissed, understand what type you are dealing with:
Emergency protective order (EPO) — Issued by law enforcement at the scene of an incident. Typically lasts 5-7 days. These expire automatically and generally cannot be contested due to their short duration.
Temporary restraining order (TRO) — Issued by a judge based on the petitioner's allegations alone (ex parte). Lasts until a full hearing is held, usually within 14-21 days.
Permanent restraining order — Issued after a full hearing where both parties present evidence. Despite the name, these typically last 1-5 years but can be renewed.
Contesting a Temporary Restraining Order
The most critical opportunity to prevent a restraining order is at the initial hearing. When you receive a TRO, you will also receive a court date for a hearing where you can present your side:
Respond to the petition in writing — File a written response with the court before the hearing date, explaining why the restraining order should not be granted.
Gather evidence — Collect text messages, emails, call logs, photographs, witness statements, surveillance footage, and any other evidence that contradicts the petitioner's allegations.
Identify witnesses — Find people who can testify on your behalf about the events in question or about your character.
Hire an attorney — Restraining order hearings have lasting consequences. An experienced attorney can cross-examine the petitioner, present evidence effectively, and make legal arguments.
Attend the hearing — If you fail to appear, the judge will almost certainly grant the permanent restraining order by default.
Grounds for Dismissal
Judges may dismiss or deny a restraining order based on several grounds:
Insufficient evidence — The petitioner must prove by a preponderance of the evidence that harassment, abuse, or threats occurred. If their evidence is weak, vague, or uncorroborated, the order may be denied.
False allegations — If you can demonstrate that the allegations are fabricated, the order should be denied. Evidence of the petitioner's motive to lie (such as gaining advantage in a custody dispute) is relevant.
No qualifying relationship — Many restraining order statutes require a specific relationship between the parties (domestic partner, family member, cohabitant). If no qualifying relationship exists, the petition may be denied.
No credible threat — The petitioner must show that they have a reasonable fear of future harm. A single argument or isolated incident may not meet this standard.
First Amendment protected conduct — Speech that is constitutionally protected (political speech, criticism, protest) generally cannot be the basis for a restraining order unless it rises to the level of true threats.
Dissolving an Existing Restraining Order
If a permanent restraining order is already in place, either party can petition the court to modify or dissolve it. The process involves:
File a motion to dissolve — Submit a written motion to the court that issued the order, explaining why it should be dissolved.
State your reasons — Common reasons include:
- Changed circumstances (the parties no longer live near each other, the underlying conflict has been resolved)
- The protected party consents to dissolution (in many jurisdictions, the protected party's consent alone is sufficient)
- The order is causing undue hardship (interfering with employment, custody, or housing)
- Passage of time without any incidents
Serve the other party — The other party must be notified of your motion and given the opportunity to respond.
Attend the hearing — The judge will consider the original basis for the order, any changed circumstances, and whether the protected party still faces a credible threat.
What Not to Do
While a restraining order is in effect, violating it is a criminal offense, regardless of whether you believe it is unjust:
Do not contact the protected person — Even if they contact you first. Respond only through your attorney.
Do not go near restricted locations — Stay away from the protected person's home, workplace, school, and any other locations specified in the order.
Do not use third parties to relay messages or monitor the protected person.
Do not post about the case on social media — Anything you post can be used against you.
Do not violate any condition of the order, no matter how minor it seems. Even a technical violation can result in arrest and criminal charges.
The Hearing Process
At the hearing, you can expect:
The petitioner presents their case first — They will describe the incidents that prompted the request.
Cross-examination — Your attorney (or you, if self-represented) can question the petitioner.
Your presentation — You present your evidence and testimony.
Judge's decision — The judge rules from the bench or issues a written decision within a few days.
Long-Term Implications
Restraining orders can affect:
Firearms possession — Under federal law (18 U.S.C. § 922(g)(8)), a qualifying restraining order prohibits firearms possession.
Employment — Restraining orders may appear in background checks and affect employment in law enforcement, education, healthcare, and other fields.
Custody and visitation — A restraining order can significantly impact family court proceedings.
Immigration — Restraining orders can affect immigration applications and status.
Disclaimer: Restraining order laws vary significantly by state. This guide provides general information and should not be considered legal advice. Consult an attorney in your jurisdiction for case-specific guidance.