what motion do I file to terminate restraining order?

[spinner]

see, the problem is that I went to the office of the harasment order, .... downtown.
There I was told that there is no such motion to dismiss.

So I tried to write my own but when I went to the desk to file the motion they told me I could not file such a motion that it was non existent and thus refused to take it from me.

So I am definately looking to file one, the fact is that you file a motion with what ever title oyu want and that get you in front of the judge who wll rule or not on it.

But if I can't file the motion, .....

In Hennepin in MN , harasment order are in the criminal court and not familly court.

I need to file the motion with criminal court and they simply won't take it so I am at a loss here, ....

[annemichellesdad]

Did you call it a "motion to dismiss"? If so, that COULD be part of the problem. The term "dismiss" generally refers to criminal charges and civil charges and allegations. In contrast, a final order cannot necessary be "dismissed". Rather, it must be "vacated" (more common) or "terminated".

[spinner]

yes dismiss but it goes further than this.
I asked them what I could file and the answer was that there is nothing that can be file to remove that order until it expires at the end of the 2 years

they would not accept any kind of motion. I asked if I could do dismiss, vacate, remove order, contest it, .... they said that since the order was in place for over the 90 days to contest there was nothing I could do.

The order has been in place for 1.5 years but was never enforced, ... we call each other for our kid and she drop him at my house, ....
I am contemplating custody motions in court and that is just making things harder to have a RO on file which is why I want to have it removed since it is not enforced.

I am considering simply filming her when she drops the kids hand have the cops arresting her. That's the only way I found to remove that dumb order.

[annemichellesdad]

Sounds wierd, but that could be the state's law on the issue. Don't take their word for it... look it up in the state code. Your state may (should?) have an online database of the complete code, along with keyword searchable features.

Georgia does not officially recognize the vacating of a protective order per se, but they do give the courts the discretion to reverse their own decisions within the same terms.

Another odd thing is their "not accepting it". Clerks are not suppose to give legal advise. Sounds like that is what they're doing here. Again, don't take their word for anything... find your state code and KNOW what it is that you're doing. It's going to vary too much from state to state to get a definitive answer here.

[spinner]

Here is the statute.
http://www.revisor.leg.state.mn.us/data/revisor/statutes/2005/609/748.html
I do not see anything about vacating one.

[annemichellesdad]

There's nothing there about vacating one, but there's nothing there PROHIBITING the vacating one, either.  What you'll need to find is either a statute of court precedent that deals specifically with the vacating of a judgment in general.

What does your ex say about submitting such a motion? Will she agree to do it with you voluntarily?

[spinner]

no, she doesn't want to remove it.

Which made me worrying about it. Either she is simply not smart and controling (which can be the case) or she might want to pull some "trick" on me for halloween :)

[dancurry]

Well that's a first for me. I've seen crap loads of restraining orders and never seen one that applied both ways.

You must have appeared at the hearing then. Most restraining orders are uncontested. That's probably it.

I doubt our local judge would issue such an order. He would tell the other party to file their own restraining order.

I stand corrected, but atleast I'm standing. :-)