WomensLaw serves and supports all survivors, no matter their sex or gender.

Hotline

Restraining Orders

Are there any reasons why a judge would dismiss an RO after it is signed?

Are you asking about reasons that a temporary order can be dismissed or a final one, which was issued after a hearing? In most states, a temporary order can be issued just upon the petitioner’s affidavit but it may be dismissed at the hearing for the full order if the petitioner cannot prove that s/he was abused under the legal definition of abuse required for the order. Often this may happen when the respondent (the abuser) fights against the order, testifies on his/her own behalf, presents evidence, etc and the judge believes the respondent more than the petitioner (victim). With a final order, in most states a petitioner can ask the judge to cancel the order - the judge may require a hearing before doing this and it would be up to the judge whether or not to dismiss it. Some states also allow the respondent to request that the order be dismissed but not all states allow this. Again, I can’t speak to your specific situation or what happens in STATE regarding dismissing a temporary or final order – this is just general information to provide a general overview. To get specific information for your situation, you can talk to a lawyer. Here is a link for free and paid legal services:LINK

And here is a link with information on protection orders in STATE in case that is useful: LINK

Here, too, is safety planning information in case the order is dismissed against your wishes:http://www.womenslaw.org/simple.php?sitemap_id=3