- 1). Consult with a family law attorney. State laws vary regarding orders of protection and the procedure for withdrawing one can be too complex for a layperson. Moreover, if you are involved in a dispute with someone who has threatened you, having an attorney to defend your interests is vital. Your state bar association can direct you to a qualified family law attorney.
- 2). Ask your attorney to file a motion to withdraw the order of protection. Though the motion is not an absolute necessity to withdraw the order, it allows your attorney to itemize the reasons the order is being withdrawn. This can protect you, if you need to re-file for an order of protection at some later point, or if the defendant tries to sue you for filing a protective order.
- 3). Explain to the judge why you wish to withdraw the order of protection. If you are in family court, you can do this in lieu of filing a motion to withdraw. Simply stating, for example, that you believe withdrawing the order is in the best interests of your children is usually sufficient. The judge may ask you for evidence that you are no longer in danger; because there have been cases of people being harmed after withdrawing orders of protection.
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