Pompano Beach, FL asked in Domestic Violence for Florida

Q: can A restraint order be dropped at a arraignment

Related Topics:
2 Lawyer Answers
Andrew Lawrence Moses
Andrew Lawrence Moses
Answered
  • Domestic Violence Lawyer
  • Orlando, FL
  • Licensed in Florida

A: A restraining order is a civil (non-criminal) matter, and therefore will not have an arraignment. However, if you are asking if a restraining order or injunction can be dismissed at a hearing or after a hearing is held, then the answer is yes. Additionally, the injunction may be able to be dismissed even prior to the hearing.

Sasha  Dadan
Sasha Dadan
Answered
  • Domestic Violence Lawyer
  • Fort Pierce, FL
  • Licensed in Florida

A: If the opposing party agrees to have the injunction dismissed it can be done even before a hearing. However, you must not have direct contact with the opposing party if an injunction has been entered against you and they are pro se. However, if the opposing party is represented you may consult with their lawyers and see if you can come to other terms to get the temporary injunction dismissed. You can request for opposing counsel to file a voluntary dismissal.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.