Can I get a restraining order lifted?

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Anonymous Feb 6, 2015 Criminal Defense 6 views 5 answers

My girlfriend has a restraining order against me and it includes our kids but she has broken the order by bringing the kids over and let them stay with me for a few days at a time.

Attorney Answers

Michael Mcginn

Michael Mcginn · Jun 15, 2026

It sounds like you may have grounds to file Motion to Dissolve the restraining order. I would consult with an experienced family law attorney in the Tampa area. I wish you the best of luck.

0 upvotes

Alberto Quirantes

Alberto Quirantes · Jun 15, 2026

It looks like you have the proper grounds. If there is no longer a fear of you, then the restraining order should be dismissed. However, you should get an attorney to do this for you. Judges may not be persuaded by litigants who do not intend to appeal an adverse ruling. Take this as a warning.

0 upvotes

John Arthur SmittenFamily Law AttorneyClearwater, FL

John Arthur SmittenFamily Law AttorneyClearwater, FL · Jun 15, 2026

You have to file a motion asap to get it removed otherwise you could get arrested. Use of a lawyer is recommended.

0 upvotes

Joseph Registrato

Joseph Registrato · Jun 15, 2026

First of all, the other lawyers are correct in that you may be able to get the order modified or terminated, but the fact she has "broken" the order has no relevance because a restraining order against you does not restrict her from coming around you.

0 upvotes

Betty Jones

Betty Jones · Jun 15, 2026

I agree with the other attorneys that you should file a Motion to Dissolve the injunction. You need to be careful taking the children even if she allows it, it could be a potential trap she is setting to claim you violated the injunction. Most attorneys offer a free initial consultation. Contact one near you today. Good luck. Sincerely, B. Elaine Jones, Esq.

0 upvotes