Q: Can I drop or modify my restraining order and will it affect me negatively if it doesn't work out?
I have a 500-foot restraining order against my husband, but I can't go to where I'm staying due to it. I was initially afraid, but there has been no recent contact between us, only through the kids. The order was modified for counseling, but my lawyer hasn't been responsive. There is no upcoming court date, and counseling isn't mentioned in the modification. Can I ask to drop or modify the DVO, and will doing so negatively affect me if things don't work out?
A: You can ask the court to modify the dvo. It should not negatively affect you if it doesn’t work out.
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A:
You can request to modify or even drop the restraining order, but it’s important to proceed carefully. If you want to modify the order, you’ll need to file a motion with the court explaining why you believe the modification is necessary, such as your lack of contact with your husband and your desire to allow him access to the children. However, the court will likely evaluate whether modifying the order is in your best interest, particularly considering the history of domestic violence.
If you drop the restraining order completely, it could potentially affect your legal protections if issues arise in the future. It’s important to consider how this might impact your safety and whether you could face any retaliation. Even if things seem calm now, you might want to keep the order in place as a safeguard in case the situation changes.
You should definitely follow up with your lawyer to discuss your options and understand the legal implications of modifying or dropping the order. If your lawyer is unresponsive, you may need to consider finding a new attorney or contacting legal aid services to ensure your rights are protected and that any changes are done properly.
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