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Can I get a restraining order dropped?

Daytona Beach, FL |

My ex boyfriend placed a restraining order on me by lying to the court, about 2 months ago. We've had no contact at all but yesterday he sent me a text message. Is this illegal? Can I take this proof to the court and ask for them to drop the order of protection? If he fears for his life from me, why would he text me?

Attorney Answers 4

Posted

I do not practice this type of law; you should consult an attorney in your area who does so. However, I wanted to comment on the text you received. In Washington State, where I practice, if you respond to the text, you would be violating the no contact order (NCO). Be very careful because, even though he initiates contact, your responses are violations. Good luck.

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Posted

Do not respond to his text message or contact him in any way, or you will be in violation of the restraining order. Even if he is initiating the contact, if you respond, you can be the one to go to jail. As for getting the restraining order dropped, you can file a motion to dissolve or modify the injunction, but you would need sufficient grounds to do so, and one text message probably isn't enough. Until the Judge modifies or dissolves the injunction, it will remain in place, unless it has an expiration date (such as 6 months or 1 year).

Why would you want to talk to him anyway?

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Posted

You can present that evidence to the Judge and see if they maydismiss it. If he contacts you he cannot get in trouble since the Injunction is against you and not him. I know that sucks, but it is the law.

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Posted

If the no contact order is against you, then dont respond or have contact with him. He is allowed to call/text you without getting in trouble. You may get arrested though. The Judge is the only one that can dismiss the order of protection.

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