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How do I get a restraining order lifted?

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bgrimes5207

Junior Member
What is the name of your state (only U.S. law)? Ohio.
I am Brittany, and a judge has put a restraining order against my fiance. I wanted to know if there was anything I can do to get it lifted. One night we got into a fight and it ended up becoming physical. I struck him, and he pushed me. He got arrested, then released. I wasn't and still am not able to talk to him what so ever. We have never gotten into a fight like that before, and it was because we were drinking. I had testify against him, it was horrible. There were a lot of inconsistencies in the case, but he was found guilty. The case is being appealed, but I don't want to go through that again. I want to know if there is a way to get this restraining order lifted. I would love any help that I can get. This has caused me a lot of problems and I don't know where my life stands. We were supposed to be married and now I don't know what to do. Thanks for the help! It is very much appreciated!
 


Andy0192

Member
You probably shouldn't marry a man who has hit you. Ever. Even once. Even drunk.

You probably should try to get counseling to discover why you engage in destructive behaviour.
 

Proserpina

Senior Member
What is the name of your state (only U.S. law)? Ohio.
I am Brittany, and a judge has put a restraining order against my fiance. I wanted to know if there was anything I can do to get it lifted. One night we got into a fight and it ended up becoming physical. I struck him, and he pushed me. He got arrested, then released. I wasn't and still am not able to talk to him what so ever. We have never gotten into a fight like that before, and it was because we were drinking. I had testify against him, it was horrible. There were a lot of inconsistencies in the case, but he was found guilty. The case is being appealed, but I don't want to go through that again. I want to know if there is a way to get this restraining order lifted. I would love any help that I can get. This has caused me a lot of problems and I don't know where my life stands. We were supposed to be married and now I don't know what to do. Thanks for the help! It is very much appreciated!
Additionally (because though Andy's advice was correct and quite proper, it didn't really answer your question), there isn't anything YOU can do at all.

He's been found guilty - it's now a matter between him and the appeals process.
 

answerplease123

Junior Member
Hi Brittney

I live in Ohio as well and had an Order of Protection in order to get it lifted I wrote a letter to the judge. I had to indicate why it would be benificial to have it lifted.I did this prior to any pre-trial or trial. I am not by any means giving you legal advise or I wouldn't be on here. But I don't see the harm in writting a letter the worse they can say is no. It took about 3-4 weeks for the order to be lifted.
 

Proserpina

Senior Member
I live in Ohio as well and had an Order of Protection in order to get it lifted I wrote a letter to the judge. I had to indicate why it would be benificial to have it lifted.I did this prior to any pre-trial or trial. I am not by any means giving you legal advise or I wouldn't be on here. But I don't see the harm in writting a letter the worse they can say is no. It took about 3-4 weeks for the order to be lifted.
Interesting. At least one attorney here (and several who work closely with the courts) are of the opinion that generally a judge won't even receive such a letter, let alone read it.

:confused:
 

Ohiogal

Queen Bee
Interesting. At least one attorney here (and several who work closely with the courts) are of the opinion that generally a judge won't even receive such a letter, let alone read it.

:confused:
Judges are NOT allowed to read ex parte communications. The letter could have been considered a motion and served upon all parties to the matter.
 

Proserpina

Senior Member
Judges are NOT allowed to read ex parte communications. The letter could have been considered a motion and served upon all parties to the matter.
Well that makes sense!

Though not really wanting OP to think she can just write a letter and it'll all go away, y'know?
 

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