Yes, the plaintiff on a restraining order can ask the court to vacate that restraining order. Please note that the restraining order will stay in effect unless and until a court allows her motion to vacate the order; in other words, she cannot "drop" the order simply by deciding she doesn't want it in effect any longer. She must go into court and have the order formally vacated.
Many persons charged with violating a restraining order arrive in their situation because the holder of the restraining order invites them to make contact, and they do so thinking that the holder of the order can consent to contact whenever she likes and waive the prohibitions imposed by the court ordered restraining order. This is not true. Bottom line: your wife has to have the restraining order vacated by the court, the order is in effect until it is vacated by the court, and you should abide by the terms of the order until you know the order has been vacated.
Daniel J. CappettaCriminal Defense AttorneyFramingham, MA ·
She can file a motion to vacate the order. She can do so by going to the same District Court she got the order in and filing the motion to vacate in the clerk's office. A judge will have to hear her motion and allow it. Until such time that a judge allows the motion to vacate the restraining order will remain in full effect.