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What would be the best way to write a letter to the judge asking to get a restraining order dropped??

Denver, CO |

I need help on writing a letter to the judge asking to either drop or modifty the restraining order but my only problem is how to word it the right way..

Attorney Answers 3

  1. It depends on whether on whether you are the victim or the defendant. If you are victim, you want to talk about the fact that it was an isolated incident, that you have a plan of action to prevent being subjected to abuse in the future, that you have family support, that the defendant is remorseful, that he or she understands that what they did was not right or acceptable, that the defendant is willing to engage in treatment for his problems, that no one is pressuring you to seek modification of the restraining order, that you know that you can always seek a civil restraining order if somethings should occur in the future (or seek modification again of this restraining order), and that you do not fear that the suspect will engage in further conduct such as this again. If you are the defendant, do NOT write a letter to the judge, as it will simply implicate yourself and let your attorney do the talking.

  2. Mr. Leroi is correct, it depends whether you are the protected person or the defendant. If you are the defendant, you probably shouldn't try to do this. If you are the protected person you need to explain why the order is no longer necessary.

    This answer does not create an attorney-client relationship. It is advisable to consult with an attorney with full disclosure of relevant facts for a comprehensive leagl opinion.

  3. The victim would need to request the judge to dismiss the order and explain why he should do so.

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