How do you reverse a court order?
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How do you reverse a court order?
My mother had a DVO issued on my step-father. Because of the DVO all of his firearms were removed from the house by the Sheriff’s department. In order to keep these from being destroyed, my mother had a court order issued releasing them to my husband’s possession. The DVO has now been dropped, but when my husband went to court to let the judge know he would take them he was ordered by the judge to not sell, borrow, use, or lend the firearms. Additionally, he stated that they were not to be returned without a court order. Doesn’t the judge need to issue another court order to release them?
Asked on July 25, 2011 Kentucky
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
A court order can only be changed or modified by another court order. It does not necessarily need to be issued by the same judge, though most commonly is. The best way to pursue this would be to make a motion to vacate or modify the existing order, made to the same court as had issued the existing order. If you make the motion and it is denied, you could then appeal it to a higher level court.
If you cannot afford an attorney to help you, you might try contacting the National Rifle Association; they may be able to provide a recommendation or access to an attorney who will help with this matter on a free or affordable basis--it obviously falls within their area of interest.
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