Removing a Restraining Order

[FuriBaco13]

Last December, I went to court, not knowing that a restraining order was going to be put on a good friend of mine. I literally had no idea that it was being done till that day. This friend is a good to honest person, and is no way a danger to me, or anyone else. The people that put the restraining order on my friend was my mother and cousin. They are both my conservators. Which makes it probably more difficult. My mother had put my name on the application for the restraining order without my knowledge. She said that if I knew about it, I would've been miserable for two weeks. And she knew that two weeks prior. My question is, is there anyway to possibly lift/remove, or lessen the length of time of a restraining order? I really do want to continue my friendship with this person. Thank you.

 

[justalayman]

How old are you and why do you have a conservator?

 

[Proserpina]

Last December, I went to court, not knowing that a restraining order was going to be put on a good friend of mine. I literally had no idea that it was being done till that day. This friend is a good to honest person, and is no way a danger to me, or anyone else. The people that put the restraining order on my friend was my mother and cousin. They are both my conservators. Which makes it probably more difficult. My mother had put my name on the application for the restraining order without my knowledge. She said that if I knew about it, I would've been miserable for two weeks. And she knew that two weeks prior. My question is, is there anyway to possibly lift/remove, or lessen the length of time of a restraining order? I really do want to continue my friendship with this person. Thank you.

How old are you and where are you located?

Why was the restraining order put in place? People typically don't take out restraining orders on behalf of third parties without cause

 

[FuriBaco13]

I am 32, and I have a conservator because I been told that I can't take care of finances and can't make good decisions.

 

[FuriBaco13]

The restraining order was put in because my conservators thought that my friend was mentally dangerous to me. Which I don't get, because he's not.

 

[FuriBaco13]

I am located in Hartford, CT.

 

[OHRoadwarrior]

If you are under Conservatorship, you have no say in the matter, unless you can get a judge to rescind it..

 

[justalayman]

do you know if this is a conservatorship of the person or a conservatorship of the estate , or both?


I suspect it is of the person. If so, it has been determined you are not capable of taking care of yourself and a person has been appointed to take care of you. It is similar to an adult/child relationship or a guardianship. If this is the case, your conservator has the right to seek a RO on your behalf.


If only a conservatorship of the estate; they do not have the same control over you but they are in control of your financial affairs. Depending on why the RO was issued, this type of conservator may be able to seek an RO against them if it involved your financial affairs.

In either case it is unlikely you would be able to have the order dropped. The court issued it knowing of the conservator /conserved relationship. I would presume it was proper.

 

[Proserpina]

do you know if this is a conservatorship of the person or a conservatorship of the estate , or both?


I suspect it is of the person. If so, it has been determined you are not capable of taking care of yourself and a person has been appointed to take care of you. It is similar to an adult/child relationship or a guardianship. If this is the case, your conservator has the right to seek a RO on your behalf.


If only a conservatorship of the estate; they do not have the same control over you but they are in control of your financial affairs. Depending on why the RO was issued, this type of conservator may be able to seek an RO against them if it involved your financial affairs.

In either case it is unlikely you would be able to have the order dropped. The court issued it knowing of the conservator /conserved relationship. I would presume it was proper.

I fully concur (surprise, surprise!).

 

[FuriBaco13]

My conservators are of person and estate.

 

[Proserpina]

My conservators are of person and estate.

I think that's why you're running into difficulty in this matter. As JAL said, you're more or less the child and your conservators are the parents. Now, this doesn't happen purely because the person has difficulty managing their finances. They had to have enough evidence to convince the court that you needed someone to essentially decisions for you. Very often it's because of disabilities.

The only thing you can try to do is go back to court and try to prove that you're fully capable of being independent.

I notice though that you never told us exactly what led up to the restraining order. What did this person do?

 

[FuriBaco13]

All my friend did was talk about his beliefs.

 

[CourtClerk]

Let's try this another way because restraining orders are not issued because someone talked about their beliefs. What did the application for the restraining order say? "He talked about his beliefs" wasn't it.

 

[FuriBaco13]

I'm not sure what the application said. My conservator, my mother, applied for it, and won't give me a copy of it.

 

[FuriBaco13]

I do have a copy of something from the case. On one of the pages, my mother put that my friend was, "anti-government, satanic, and cultish", when he is nowhere near that. He loves this country, and would do nothing to harm it.