What forms are needed to Terminate/Modify an existing Restraining order which I have been falsly accused of?

Asked about 2 years ago - Seattle, WA

I have been to the court forms page but they seem very confusing giving me forms which seem irrelevant. I am only looking for the forms I need to terminate it.

Attorney answers (2)

  1. Dave Hawkins

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . WPF DV 7.010 Motion to Modify/Terminate Order for Protection

    The information is for general information purposes only. Nothing stated above should be taken as legal advice for... more
  2. Mark L. Alexander

    Contributor Level 14

    Answered . Assuming the existing order is a domestic violence protection order, Mr. Hawkins' answer is right. The Note for Motion Docket merely places a hearing on the court's schedule. DV 7.030 is the form for what you want the court to order. You ask the court to enter that order by a motion, using form DV 7.010 and setting it up for hearing on the family law motions calendar and giving the other side sufficient notice.

    If the existing restraining orders are not protection orders, but restraining orders entered as part of the Temporary Orders entered in a dissolution action, you would file a motion (I would use the one for Temporary Orders and adapt it), note it for the family law motions calendar the same as in the other case. The resulting order would be the Temporary Orders, which would keep in effect the previous Temporary Orders, except as changed by the court due to your motion.

    In either case, if it's been more than 10 days since the existing restraining orders were entered, you would have to show the court that there has been a material change in circumstances. If it's been less than 10 days, you could either file a motion for modification (asking the same commissioner to change his/her mind), or a motion for revision (directed to a Superior Court judge to revise the commissioner's order, based on the record before the commissioner.)

    Legal disclaimer: [In accordance with the Avvo community guidelines, this communication does not constitute "legal... more

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