Dropping Restraining Order Process

Summary

To drop a restraining order in Suffolk County, New York, you must file a motion to dismiss it in the issuing court and attend a hearing to convince the judge. A case being dropped does not automatically terminate the restraining order; a formal request must be made to the court.

Full Conversation

How do I drop a restraining order?
Hello ****, dropping a restraining order can vary depending on the jurisdiction. Could you please provide your location to help me provide accurate information?
Central Islip, Suffolk New York
Hello ****, in Suffolk County, New York, you'll need to:
- File a motion to dismiss the restraining order in the court that issued it.
- Attend a hearing where you'll need to convince the judge that the order is no longer necessary.
Please note that dropping a restraining order can have serious implications.
If a case is dropped, is the restraining order dropped?
Hello ****, in New York, a case being dropped does not automatically drop a restraining order. The restraining order remains in effect until its expiration date or until the court issues an order to terminate it.
Can I wait for the case to drop and then apply to drop a restraining order?
Hello ****, yes, you can wait for the case to drop before applying to terminate the restraining order. However, understand that the case dismissal doesn't guarantee the termination of the order. You must make a formal request to the court, proving the order is no longer necessary.
Understood, ****. If you need further assistance on how to file a motion to dismiss the restraining order or about the hearing process, you can contact the Suffolk County Family Court at Central Islip. Would you like the contact details of the court?