I was granted an ex parte order on Friday of last week. I was wondering if it is possible for me to drop the order now instead of waiting to go to court? How do I go about doing this?
An ex parte order is a very rare order in our justice system and is only justified when there are really good reasons for it like emergency situations that call for temporary relief. Since the defendant is not there to contest the facts, it asks a lot of the court. If you're confident that those reasons no longer exist, then it'd probably be wisest to attend the court hearing and explain to the judge you no longer desire an order. Otherwise, you could risk credibility with the court when you might need a temporary order again.
Yes you can, but it may not be the wisest thing to do; it depends on the level of the violence and the reasons for dropping the case.
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Why did you take out a domestic violence restraining order? If the circumstances seemed bad enough to justify doing so, then it is unlikely that they have changed sufficiently in a matter of days to justify not pursuing the matter. Remember the old "boy (or girl) who cried wolf" story? If you take a restraining order and then have it dismissed, and repeat that pattern, then when you finally decide things are intolerable and will not change absent a mandatory and enforced by criminal sanctions separation and protective restraining order the court may decided you're just using the system inappropriately and not grant you an order of protection. I have a former client in that very position and he wishes he had not made similar choices.
The simple answer to this question is ... yes, you can drop your case, but the Judge does not have to dissolve the order. Depending on the jurisdiction, the judge can not dissolve the order and require you to file the special form requesting the court to set aside the ex parte order. This is something that you need to weigh carefully. First, if you are in a small county, you may impair your ability to obtain similar orders in the future, as the clerks may remember that you took one of these out, then dismissed it. In counties around my area, it is common, when a woman has done this several times, when they come to court to get a new one, the clerk will send the most recent request along with the other old files so that the judge can see that a particular person makes a habit of getting 50B's then not prosecuting them. In short, it may damage your future cases. Also, if you took out the 50B due to actual domestic violence, do not continue the cycle of violence by dismissing the action, only to find yourself back in the position of being a victim again. In short, weigh this step carefully.
Information provided on this site does not create an attorney-client relationship and is intended only for general information, rather than as legal advice. Legal advice should be procured from an attorney licensed in the appropriate jurisdiction for your issue.
It is a civil matter and as the plaintiff you can dismiss it. The previous answers are correct however in that yoy should consult a family law attorney before dismissing to insure you are nit creating possible liability on yourself or a risk to yourself.
A simplementation consult may be all that is necessary.
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