Restraining order protecting my children from me!

[heatherlee]

Can a restraining order against me be retracted from the other party and a guardian ad litem also be dropped if mediation is done and if both parties are in agreement?

 

[I AM ALWAYS LIABLE]

My response:

Was the Restraining Order (RO) issued as part of a divorce proceeding, or was the RO issued as a "stand alone" Petition ?

If it was part of a divorce proceeding, then the answer is no. It will remain in effect either throughout the divorce proceedings, or until the date specified in the RO.

If it was an Order that was issued on a separate Petition, then the original Petitioner can apply for dismissal of the RO. But, be aware that the since your RO involves children, and the fact that RO's are not handed out like candy, the court will carefully scrutinize such a cancellation request because the court MUST take into consideration the "best interests of the children" (which involves an extreme scrutinization of why the RO was granted against you in the first place.

Good luck to you.

IAAL