Why It Is Important to Lift a Restraining Order


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Lifting a restraining order is often important for certain individuals for a variety of reasons, but some of the essential ones are due to the effect it has on children in a relationship, when the person is responsible for the well-being of another and when he or she takes care of others such as a dependent. Lifting the restraining order then becomes vital.

A restraining order is usually necessary if one party of a relationship is abusive or violent towards the other or to someone living in the home. The party affected physically or emotionally may take out the order to provide a legal outlet to ensure a lack of communication and contact. However, some use this type of order to harm another through divorce proceedings or when there are children in the relationship. This leads to several problems as well as a period of time that contact and communication or not possible without an intermediary such as a lawyer.

Lifting an Order for Children

The importance of lifting a restraining order often arises when there are children in the relationship between spouses or partners. The order may prevent the father or mother from visitation or when there is a preexisting custody arrangement. The restraining order may ensure that the target has little to no contact with children even if the primary custody lies with the person issued the order. Without the ability to see or communicate with his or her children, this creates conflict and confusion for the young person or individuals. Hiring a lawyer may become the first step in resolving the matter.

Lifting the Order for Divorce

While many spouses may use a restraining order to get revenge during divorce proceedings, the husband or wife may need to have the order lifted to process the divorce properly. The spouses usually need to communicate with a lawyer present to facilitate appropriate discussion. If the restraining order is in effect during the process, the spouse may find it difficult to effectively contact and continue through the divorce proceedings. He or she may petition the courts to lift the order at least temporarily for the divorce in the courtroom. This may include any contact with those involved in the case.

If there is need of discussion for the division of assets, liabilities and custody arrangements, it is better for the spouse to remain in the presence of the protected person to ensure fair and reasonable circumstances. This is usually needed both in the courtroom and in conferences with all parties present. However, some may find legal representative adequate, others may need the face to face meeting to ensure the process proceeds without complication or problems in a fair division. This may even require research and investigation into the finances of the family during and before the divorce enters the courts.

Lifting the Order for Life Situations

Some restraining orders affect the target through blocking off other members of the family or loved ones not related to him or her. Some life situations such as medical emergencies or tending to the care and well-being of the person become crucial. By the victim taking the order out, it could negatively impact the other individuals in various ways. By cutting off communication and contact from someone that provides monetary support, he or she is not aware if there are any issues with that support. The same is possible if the target of the order provides other forms of care or support.

Petitioning the courts when life situations or emergencies could conflict with the order may become vital. Ensuring that the proper actions occur with the very young or very old is critical in maintaining the health and well-being of these individuals. Then, the person may need to supply evidence of these matters to the judge. Any lack of or attendance to court hearings by the victim could lead to the lifting of the order. Additional evidence may exist that supports the theory that the victim took out the order for illegitimate reasons. It is when the order needs lifting that the target may need to hire a lawyer.

Lifting a Restraining Order with Legal Support in the Courts

Hiring a lawyer may provide the means to fill out all necessary paperwork, proceed through the appropriate processes and present all necessary details and evidence to the judge. This may increase the chance of success when the lawyer speaks for the individual through petitioning for a lift of the restraining order.


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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.

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