A restraining order can feel like the world is closing in on you, especially if it’s based on exaggerations, misunderstandings, or outright fiction. The good news? A restraining order isn’t always the final word. There are several ways these cases can be dismissed, and understanding those options is the first step in protecting yourself.
At the Marc Lopez Law Firm, we talk to people every week who are shocked to learn they’ve been hit with a protective order. Their first question is always the same: Can this be dismissed?
Often, the answer is yes.
When the Court Dismisses a Restraining Order on Its Face
Sometimes the judge reviews the initial petition and decides there simply isn’t enough there. If the allegations don’t show a real threat or need for protection, the court can deny the order before it ever gets to a hearing.
This is one of the quickest ways a restraining order can die on arrival.
What Happens at the Restraining Order Hearing?
If the judge thinks the case deserves a closer look, it moves to a hearing. This hearing operates like a mini-trial:
- Both sides can testify
- Evidence can be presented
- Witnesses can be questioned
At the end of it, the judge decides whether the order should be granted, continued, or dismissed.
A dismissal at this stage often comes down to lack of evidence. If the petitioner can’t meet their burden, the judge is not going to grant a court order that restricts someone’s liberty.
This is where having an experienced criminal defense attorney can make all the difference. Protective orders are serious. They can affect custody, employment, firearm rights, and your reputation. You don’t want to walk into that hearing alone.
Dismissal for Improper Service
Even if the judge believes the petition has merit, the entire case can still fall apart if the petitioner didn’t properly serve you. In Indiana, you can’t be dragged into a legal proceeding without notice. If the court determines you weren’t served correctly, dismissal is absolutely on the table.
The petitioner can refile, but the first case is over.
When the Petitioner Changes Their Mind
It happens more often than you might think. Someone files in the middle of a fight, tempers cool, and suddenly they don’t want to move forward. The person who filed the restraining order can ask the court to dismiss it, whether before the hearing or even after the order has already been granted.
Judges usually honor these requests.
Facing a Restraining Order? Make the Right Call.
A restraining order is a legal problem, but it’s also a life problem. It affects your rights, your relationships, and your future. You don’t want to guess your way through the process.
If you’re dealing with a protective order or criminal charges, the Marc Lopez Law Firm can help. Call 317-632-3642 to speak with a criminal defense attorney who knows how to fight these cases.
And always remember, plead the Fifth.