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How to get criminal restraining order lifted?

Whittier, CA |
Attorney answers 3


File a motion with the court that issued the restraining order requesting that it be lifted and state the reason why.

John S. Riordan, Esq., RIORDAN & HERMAN, PL., West Palm Beach, FL, (561) 650-8291. Mr. Riordan is a former Palm Beach County Prosecutor and an experienced criminal defense lawyer handling cases in both State and Federal Courts throughout Florida. The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.


I agree with prior counsel's advice. In non-legal terms, "file a motion" means go down to the Courthouse and ask the clerk to put your matter "on calendar" -- which means that you will be given an opportunity to explain what you want to a judge. It is always better to have a lawyer do this for you -- for three reasons: (1) the lawyer, if good, will know what arguments the judge will respond to; (2) a lawyer can make these arguments on paper, and in the proper form; and (3) anything you say to the Court can be used against you, so an attorney can both speak on your behalf and keep you from saying things that can hurt you. If you are cash-strapped, the first place to go is the Public Defender's office and see if they can help you (they frequently will if you are polite). Good luck!


Mr. Wallach nailed it. You should go meet with a few attorneys to discuss the details of your case and how much representation would cost. Most attorneys offer free consultations for these matters. Before you say you cannot afford one, you should find out what attorneys charge for this. If having the restraining order lifted is important to you, especially if it affects your employment, you should not try to do it yourself and potentially mess everything up. People often mistakenly believe that just because the truth is on their side it is as simple as telling the court your story and everything will work out. Well, if that were the case, there would not be so many lawyers. So go speak to some attorneys and see if they can help you.

Michel & Associates, PC
(562) 216-4444

All my comments here are intended for general legal purposes. None of my comments here establish an attorney-client relationship with anyone. None of my comments should be relied on in taking legal action without first consulting an attorney.

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