How does a prisoner take over his own case to dissolve a restraining order?
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How does a prisoner take over his own case to dissolve a restraining order?
I have a friend who was arrested and is currently in prison for a crime he did not commit. He wants to know what procedures and or paperwork needs to be completed to take over one aspect of his case so he will be allowed to collect evidence to prove his innocence. The aspect of the case he is trying to take over is to dissolve a restraining order against him.
Asked on June 4, 2013 under Criminal Law, Florida
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
Based upon what you have written about so long as your friend is incarcerated it makes no sense for him to file to dissolve the restraining order that you have written about. In order to dissolve the restraining order, he needs to be substituted in as his own attorney of record if he had a prior attorney on the restraining order matter and file the petition in state court seeking to have it dissolved and the facts warranting such.
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