Domestic violence is not a private issue between the victim and offender. There are enormous costs to the legal and law enforcement systems caused by these cases, and important consequences for children and public safety. The law recognizes these massive social costs and is purposely designed to be used for the prevention of subsequent offenses. Restraining orders and no-contact orders are powerful mechanisms by which the law intends to implement its preventive agenda. Your wish to drop the restraining order does not bind or limit the court as to what legal actions are necessary to inhibit you and the other party from future similar incidents. You can request the court. to rescind or modify the order, but you cannot compel that decision. The court will decide based on the seriousness of the offense, prior criminal history, and the likelihood of subsequent offenses.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
You need to file a motion to lift the Restraining Order. Can't change a Court Order without asking the Court to change the Order--so file it. Good Luck.
The answers to questions provided in response to the request for assistance are general in nature, and reflect information which is primarily based upon general legal principals, and may additionally reflect Ohio principles of legal practice, as this is the primary location of this Attorney's practice. As with any legal advice, the advise is general in character, and should not be put into practice without specifically consulting your local counsel, who will possess far more insight into the applicable standards and laws of your specific State, your case's specific issues and the local Rules of Court and practices of the specific jurisdiction your legal action is governed by. You are specifically instructed : Do not proceed without first discussing this matter with your own local Attorney. Provision of the answers to general questions does not constitute an act of representation, and the Attorney shall not be deemed to accept employment based upon the responses contained herein. The reader is advised that they utilize the general suggestions contained in the responses at their own risk, and under no circumstances should they disregard the advise of their present local legal counsel based upon any suggestions or opinions contained herein. Also, the bast method to discuss a case with an attorney is to do so directly, by scheduling a formal consultation in their office, bringing with you at the time of the meeting all of your relevant paperwork, including any contratcs, any Orders from Court, decrees, complaints, pleadings, etc., and any other relevant information for the attorney to review. General information via the internet is no substitute for an actual meeting with an attorney.