COVID-19 UPDATE: We are open! Our team is working and offering consultations via phone, e-mail, and video conferencing.

Can I Get a Restraining Order Removed?

What are Restraining Orders?

Restraining orders are court orders in which a judge determines that another individual cannot make contact with a specified person and must remain a certain number of feet from the person at all times. This includes specific prohibitions such as approaching the alleged victim’s home, workplace, and other known areas where he or she frequents. Furthermore, these orders often prohibit any form of communication, including phone calls, mail, email, social messaging, and other forms of contact.

While restraining orders may be issues in cases involving domestic abuse or violence, assault and battery, stalking, harassment, and other cases, some of them are taken out in order to manipulate a specific scenario. A couple involved in a child custody dispute may try to obtain a restraining order to gain leverage in a case.

Violation of a restraining order results in serious penalties, such as the following:

  • Jail time
  • Fines
  • Probation

Lifting a Restraining Order?

In most cases, either the victim or the defendant can ask the court to life the restraining order. This is often done by filing a motion with the court, such as a “Motion to Lift Restraining Order” or a “Motion to Modify Conditions of Pretrial Release.”

The requesting party must convince the judge that dropping the order is in the best interests of both parties, as well as the state. For example, the restrained party may argue that he or she has undergone anti-violence counseling, has remained sober, the current order harms the children, and that the alleged victim no longer feels threatened.

The alleged victim and the restrained party are often present at the hearing and may present testimony. In criminal cases, a prosecutor may conduct a cross examination on the alleged victim.

If you are currently are subject to a restraining order, contact our St. Louis criminal defense attorney at The Hammer Law Firm today.

Categories:

Client Testimonials

  • "I could not have imagined getting through this difficult and uncertain time without the help of the Hammer Law Firm."
    - E.M
  • "You don't know how much of a blessing you are to us"
    - C.G
  • "Mark and Nicole are the best law firm partners ever."
    - C.E
  • "Mark and Nicole are the best at getting to the truth of the matter and dedicated to your clients"
    - Vicki H.
  • "Mark Hammer is a decisive, direct, and conscientious attorney. I would definitely recommend him to others."
    - Anonymous
  • "Mark Hammer is a gentleman, exudes confidence and relieves stress with his truth"
    - Anonymous

Why Trust Our St. Lous Criminal Defense LAw Firm?

  1. More than 30 years of criminal law experience.
  2. Former prosecutors who know how the
    "other side" operates.
  3. Accessibility and availability – clients can
    always reach our attorneys.
  4. Personalized, one-on-one attention.
  5. Tough negotiators and proven trial lawyers.
Get Immediate Help

Our attorneys are dedicated to working
directly with all our clients.

  • Please enter your name.
  • Please enter your email address.
    This isn't a valid email address.
  • This isn't a valid phone number.
  • Please make a selection.
  • Please enter a message.