If a criminal case is dismissed, will a restraining order automatically be dismissed?

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If a criminal case is dismissed, will a restraining order automatically be dismissed?

Asked on October 27, 2015 under Criminal Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, the dismissal of a criminal case does not automatically result in a restraining order being dismissed, since a restraining order can be issued without a criminal case being filed--i.e. the order is not based on the criminal case. The case being dismissed may be evidence that there are no valid grounds for the order, so you could sue this as support if you apply to the courts for the order to be dismissed or terminated.


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