Why would a court not drop a restraining order?

UPDATED: Sep 30, 2022

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Why would a court not drop a restraining order?

I was able to get the civil order dropped. I have filed twice to have the criminal order dropped and denied twice. I just would like to be able to co-parent with my ex-boyfriend. I am not a victim and just want to move forward.

Asked on December 26, 2016 under Criminal Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In a criminal case, as you have discovered, the victim is not in charge of the case: the state (the prosecutors) are. While they often listen to the victim's preferences, they do not have to--they will do what they think is appropriate to enforce the law, to protect people, and also for justice. If the proseuctors believe that the restraining order is appropriate in this case, they do not have to voluntarily dismiss or drop it. The court could, if it believes they are wrong and there is no evidence to support it or it is unnecessary, dismiss the case over the prosecutor's objections, but the court will tend to defer to, or follow the lead of, the prosecutors. If you want to continue trying to get it dropped, you should hire a family law attorney to help you; the lawyer will know the best facts or evidence to muster, the best way to present and frame the argument, and the best procedural way(s) to try and make  it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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