Reversing Restraining Orders
In the wake of domestic violence, stalking, or other acts that make individuals fear for their safety, some people may file for restraining orders against the people that they believe are trying to harm them. A restraining order restrains an individual from coming within a certain distance of another person.
Many restraining orders are temporary while others are permanent. In both cases, though, some individuals may reconcile with the people that they file restraining orders against. When this happens, the person may want to reverse the restraining order to restore normal contact.
Options for Restraining Order Reversals
Individuals wishing to reverse their restraining orders usually have two options:
- Wait for the restraining order to expire
- Petition the issuing court for a reversal
The first option does not apply for individuals who have permanent restraining orders. For those that have temporary restraining orders, waiting out the expiration is the easiest method for reversal, but expiration may be several months or even years away for some.
Petitioning for a Reversal
Obtaining a reversal is typically a three-part process. This process includes:
- Contacting the county court for the necessary documents
- Filling out the petition forms
- Attending a scheduled court hearing
To fill out the forms, individuals will need their original restraining orders, which contain all of the information needed to file a petition. Individuals who have lost their restraining orders may be able to obtain a copy from the sheriff’s office.
After submitting the paperwork, the individual will need to prove to the court that he or she no longer feels in danger and that court supervision is no longer needed. Successful individuals will have their restraining orders reversed; unsuccessful individuals may need to re-petition.
Contact Us
If you have a restraining order that you no longer need, you may be able to petition for a reversal. Contact the Austin restraining order lawyers of Slater & Kennon LLC, at 512-472-2431 to learn more.