Sunday, February 20, 2011

WHAT DISSOLVING A RESTRAINING ORDER MEANS

WHAT DISSOLVING A RESTRAINING ORDER MEANS

1. I am voluntarily asking a judge to take away the legal restraints entered against the defendant which were issued by the Judge at my request. I understand that I am asking the court to now dissolve the restraining order, and a final decision will be made by a judge.

2. Once this Restraining Order is dissolved, I will not benefit from any special protection from the defendant. I cannot obtain this protection again unless there is another act of domestic violence. In that event, I will have to go to the courthouse or the police station, fill out a new complaint and request a new Restraining Order.

3. I understand that one of the protections of a Restraining Order is a mandatory arrest if the defendant violates the “no contact” provisions (Part I). I understand that without the Restraining Order, it is not mandatory that the police arrest the defendant. Even if I have another order from this court that says defendant must stay away (included with my divorce case or my child support case), it is not mandatory that the police arrest the defendant for violating that order.

4. I understand that if criminal complaints were filed by me or the police, I will have to go to another court (probably municipal court) to request that those charges be dismissed.

5. The Judge’s decision to dissolve this Restraining Order is final and will close my case. This will end all the protections I received as a result of the acts of domestic violence committed against me.

6. I understand that I should only sign the “Certification to Dissolve a Restraining Order” voluntarily.

7. I have been told about the Domestic Violence services and have been given an opportunity to speak to a victim advocate or have spoken to my attorney.

8. IF YOU HAVE ANY DOUBTS OR QUESTIONS ABOUT DISMISSING THE RESTRAINING ORDER, OR IF YOU HAVE BEEN THREATENED, COERCED OR FORCED BY ANYONE TO SEEK THIS DISMISSAL, TELL THE INTAKE WORKER OR SOMEONE ELSE IN FAMILY COURT, OR REQUEST TO SPEAK TO A VICTIM ADVOCATE OR YOUR ATTORNEY.

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