Why would a court not drop a restraining order?

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.


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