If a restraining order is granted by a judge, then getting it dropped later can become tricky for the petitioner if he or she has a change of heart. Time is of the essence in restraining orders, and the longer a petitioner waits, the less power they have over the process. Once a final order is granted, then it is permanent unless the court agrees to revisit the matter. If you are looking to have a restraining order dropped, then it is important that you speak to an experienced criminal defense attorney right away.
Restraining Order Granted Against Teen Mom Star
Consider the case of Javi Marroquin and Lauren Comeau, best known for their roles on the MTV show ‘Teen Mom 2.' After previously breaking off their engagement, things apparently deteriorated to the point where Marroquin sought a temporary restraining order against his ex-fiancée for allegedly assaulting him in front of their son. The judge granted both a restraining order and temporary custody of their son in common. Marroquin had a change of heart the following day and filed for a voluntary dismissal, claiming that he no longer feared his ex-fiancée Comeau and he is confident they can work through any future conflicts. He also took to social media to publicly apologize on Instagram. It appears that Comeau has avoided a final restraining order through Marroquin's request to voluntarily dismiss due to its quick nature.
Can I Have a Restraining Order Canceled?
If a party wants to cancel a restraining order, it must get the approval of the court. For the court to consider canceling a restraining order, an appeal or motion for reconsideration must be filed. The presiding judge will need to be convinced that the proposed changes are in the best interests of the parties. A restraining order will not simply go away if a couple gets back together, it must be canceled by a judge.
If you want to appeal a restraining order decision, then you must file an appeal with the appropriate appellate court. Appeals are reviews of whether the presiding judge appropriately followed the law and legal procedure. An appeal of the issuance of a final restraining order must be filed within 45 days.
If you want to file a motion for reconsideration, then you must do so within 20 days of the judge's decision. If you don't file in time, then you will lose your chance to have the judge reconsider the original facts of the case. Any future motions will require new information and circumstances for the judge to consider.
Why Hiring the Lento Law Firm is the Right Choice
If you are looking to have a restraining order canceled, then it is important to speak to an experienced attorney immediately. Attorney Joseph D. Lento helps people across New Jersey fight their restraining order cases day in and day out. Call the Lento Law Firm today at 888-535-3686 to learn why hiring Lento Law is the right choice to help you.