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Can a restraining order be dropped even though your parents don't want to?

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  • #16
    Originally posted by Friend In Court View Post
    Depending upon how the restraining order is written, you may have to go to court to get it dropped, vacated. You would make a motion to the court through the original file to have the restraining order vacated.
    Do i have to make an appointment though or just go in ans ask to see a judge.

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    • #17
      Re: Can a restraining order be dropped even though your parents don't want to?

      Talk to the prosecutor involved. He may be able to grease the wheels so it simply an amended order to the original case and basically a rubber stamped issue.
      Due to a recent promotion, I should now be referred to as Major Obvious.

      I would not be trying to provide information and knowledge if I did not sympathize.

      Some days it is just not worth chewing through the restraints to face life.

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      • #18
        Re: Can a restraining order be dropped even though your parents don't want to?

        Originally posted by Alanislara View Post
        Do i have to make an appointment though or just go in ans ask to see a judge.
        You have to file a formal motion -- in writing -- in order to get a hearing on the issue before a judge. You would file it in the same case where the restraining order was issued.

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        • #19
          Originally posted by Friend In Court
          You have to file a formal motion -- in writing -- in order to get a hearing on the issue before a judge. You would file it in the same case where the restraining order was issued.
          I had went today they said that i can't do anything about it at there court where it was filed i have to go a different one where they have it at. They said i should just wait till it expired in a couple months but i lived with my baby daddy. And i tried explaining that my boyfriends probation had put a new one on for another year. But they said they don't have any.records there for it do i have to go to his probation to get it removed? The new protection order?

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          • #20
            Re: Can a restraining order be dropped even though your parents don't want to?

            Originally posted by Alanislara View Post
            I had went today they said that i can't do anything about it at there court where it was filed i have to go a different one where they have it at. They said i should just wait till it expired in a couple months but i lived with my baby daddy. And i tried explaining that my boyfriends probation had put a new one on for another year. But they said they don't have any.records there for it do i have to go to his probation to get it removed? The new protection order?
            You will have to locate the file for the new protection order, see why it was issued and when. His probation officer may have the case number, if he will give it to you.

            What is he on probation for?

            How long will it be before you are 18?

            There must be good reason why the order of protection was issue in the first place and now extended under a new case number. You need much more information than you have about that order of protection.

            They are not issued willy nilly, without good cause. You need more facts before you ask to have it removed for you need to know the grounds. And what he is on probation for.

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            • #21
              Re: Can a restraining order be dropped even though your parents don't want to?

              I need help my guardian put a restraining order against my dad and I want to take it off so I can go live with him but she won't tell me if I will be able to since I'm still a minor

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              • #22
                Re: Can a restraining order be dropped even though your parents don't want to?

                As long as you have a legal Guardian you have no standing. Dad can try to petition the court for a change in guardianship, which would have the effect of also granting him 100% custody. If you are close to 18 except in a state where age of majority is higher and the Guardianship is not due to mental disease or defect, it should terminate at 18 and you are free to leave.
                Due to a recent promotion, I should now be referred to as Major Obvious.

                I would not be trying to provide information and knowledge if I did not sympathize.

                Some days it is just not worth chewing through the restraints to face life.

                Comment


                • #23
                  Re: Can a restraining order be dropped even though your parents don't want to?

                  Originally posted by jadagirl101 View Post
                  I need help my guardian put a restraining order against my dad and I want to take it off so I can go live with him but she won't tell me if I will be able to since I'm still a minor
                  Same situation.Just turned 17.

                  I want to go into court but my mom opposes it. So I am I stuck now?
                  I don't think my dad can figure out the whole court system and file himself.
                  That's not his strength.

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                  • #24
                    Re: Can a restraining order be dropped even though your parents don't want to?

                    Originally posted by Unregistered View Post
                    Same situation.Just turned 17.

                    I want to go into court but my mom opposes it. So I am I stuck now?
                    Yes. When you are 18, in most states, you will be an adult. You're stuck until then. If you are in Alabama, Delaware, Nebraska, it's 19. In Mississippi it's 21.

                    Originally posted by Unregistered View Post
                    I don't think my dad can figure out the whole court system and file himself.
                    That's not his strength.
                    Then he should hire a lawyer. If he can't afford one, nothing changes until you are an adult and can move to quash the order.

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                    • #25
                      Re: Can a restraining order be dropped even though your parents don't want to?

                      Thank you!
                      I am considering all my various options and this is very helpful.

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                      • #26
                        Re: Can a restraining order be dropped even though your parents don't want to?

                        Originally posted by Unregistered View Post
                        Thank you!
                        I am considering all my various options and this is very helpful.
                        If you have a question start your own thread instead of hijacking one that's been dead for 2.5 YEARS.

                        This doesn't even have a thing to do with Elder Law.

                        Comment


                        • #27
                          Originally posted by Friend In Court View Post
                          Re: Can a restraining order be dropped even though your parents don't want to?



                          You have to file a formal motion -- in writing -- in order to get a hearing on the issue before a judge. You would file it in the same case where the restraining order was issued.
                          what a pain to go thru all that

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