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How to vacate a permanent restraining order? Both parties okay with it

#1
during a nasty divorce, I got two 209A restraining orders. This was 1999. In 2004, I tried to vacate, but was unable to. In both cases, there was no record of violence or incidence. The affidavits listed a general fear. Now that our children have grown up and there have been no incidence, both parties agree to get rid of them. I travel internationally extensively and coming back in the US is always a problem. If both parties agree, how do we get rid of them? This is in Massachusetts
 

Stevef

Senior Member
#2
Go to the court that issued the restraining order and ask that it be terminated.

This is assuming by "both parties" you are referring the the plaintiff and the defendant. One question that might be asked is how would both parties be in agreement if they are not supposed to be in contact?
 
#3
Go to the court that issued the restraining order and ask that it be terminated.

This is assuming by "both parties" you are referring the the plaintiff and the defendant. One question that might be asked is how would both parties be in agreement if they are not supposed to be in contact?
While I understand your statement, a (very) quick read of 209a suggests no contact at all is an option which suggests it is not necessarily put in every 209a order. Due to that, without knowing the specific terms of the order, we don’t know if all contact is prohibited or whether 3rd party contact is disallowed.
 

xylene

Senior Member
#4
Given the timeframe, it is fair to assume your 209a is permanent.

That means a detailed rationale WHY It was to be permanent was part of the case.

Did you violate the first order?

I find you phrasing "I got" slighltly dismaying, it lacks seriousness and is unclear .

You give VERY short treatment to your first attempt to vacate in 04, did you have a lawyer?

You need a lawyer, and as others have pointed out you may an may both be admitting to some degree of violation.

Please don't let this be about getting your gun rights back either...