Setting Aside Restraining Order

Summary

To set aside a 50B restraining order, file a motion to modify or dismiss with the court, present new evidence or show a change in circumstances, and attend a hearing. If the defendant does not agree, the court will decide based on the evidence and arguments from both sides. Consult a local attorney for personalized advice.

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I have a court date
Hi ****, could you please let me know what the court date is for and in which city or state you are located? This will help me provide more specific information.
Motion to set aside a 50B restraining order
Hello ****,
To set aside a 50B restraining order:
*. File a motion to modify or dismiss with the court that issued the order.
*. Present new evidence or show a change in circumstances.
*. Attend a hearing.
Could you please specify the state you're in for more specific guidance?
The defendant does not want to communicate or see me should I still set aside the 50B restraining order
Hello ****,
Whether or not to pursue setting aside the 50B restraining order is a personal decision. Legally, if there's no threat of harm and both parties agree, it's possible. However, consider the defendant's wishes and consult a local attorney for advice.
What happens if the defendant does not agree to set aside the order
If the defendant doesn't agree to set aside the 50B restraining order:
- The court will decide based on evidence and arguments from both sides.
- If the court finds no sufficient reason, the order may remain in place.
- Consult with a lawyer for further advice.
Ok
Hello ****,
If the defendant doesn't consent to setting aside the order, the decision will ultimately lie with the court. They will weigh the evidence and arguments from both sides. If they find no compelling reason to set aside the order, it may continue. Please consult your lawyer for more specific advice.
I don’t have a lawyer for this matter
Hello ****,
If you don't have a lawyer, you may want to consider getting legal representation or seeking help from a legal aid service. Based on your location, I can provide you with some resources. Could you please tell me where you are located?