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  1. #1
    Join Date
    Jan 2009
    Posts
    2

    Question Removing a Restraining Order

    My question involves restraining orders in the State of: Hawaii

    I was assulted by someone that I am not related to nor do I know personally. I made a police report and the next day filed a TRO on her. Our court date was on January 2nd of this year. She requested a Mutual Injunction. At that very second while standing in court, I had agreed to it, Not thinking about how it would appear on my record and that I am actually being punished for something that I did not do. And she works at my son's doctor's office. But I did not harrass her in any way, shape or form. She did all the texting, calling, prank calling, hitting, assulting, etc. And I did nothing in retalliation towards her.

    I was just wondering if there is anyway that I could remove the restraining order against Me for the sole reason that I did nothing wrong to her and I really do not want a restraining order against harrassing someone that I did not harrass on my record.

    If anyone has any advice, please let me know.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    15,992

    Default Re: Removing a Restraining Order

    I was just wondering if there is anyway that I could remove the restraining order against Me for the sole reason that I did nothing wrong to her and I really do not want a restraining order against harrassing someone that I did not harrass on my record.
    Your chances of having this changed are virtually zero.

    Had you been represented by counsel, s/he would have emphatically insisted that such an order would not be in your best interests. You can try to have it lifted with the help of counsel now, but I would not count on it being successful.

    On the bright side, civil protection orders don't show up on any background checks, as they are not criminal charges.
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  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,637

    Default Re: Removing a Restraining Order

    Here's the statute that authorizes modification of an order for protection. Note that the court does not even have to entertain the petition if there's not "a material change in the circumstances of the parties since the issuance" of the last order. I personally think that you should consult a lawyer.
    Quote Quoting Hawaii Statutes, §586-9 - Modification of order.
    Upon application, notice to all parties, and hearing, the court may modify the terms of an existing order for protection. The court may deny, without hearing, a motion to dismiss or to modify the terms of an existing order for protection if the motion, on its face, does not allege facts sufficient to establish a material change in the circumstances of the parties since the issuance or last modification of the order.

  4. #4
    Join Date
    Jan 2009
    Posts
    2

    Default Re: Removing a Restraining Order

    Thanks for your help! I really appreciate it! =)

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