There are several instances in which a different order would serve the plaintiff's purpose as effectively as dismissing the original order. For example, a plaintiff might wish to attend some function with the defendant, or to see him or her outside the home. If the judge has reason to believe that vacating the protective order will place minor children in danger of physical harm or other abuse, the judge should advise the plaintiff that a report pursuant to G.L. c. 119, 51A and 51B would be filed immediately. Once a plaintiff has appeared before the court to vacate an order, it may be difficult to return no matter how great the danger. The judge should anticipate this by assuring the plaintiff that he or she may always return to the court to seek a new order or to bring criminal complaints for criminal activity.
Some courts ask the plaintiff to sign a form motion asking the court to dismiss the case.
The signature on the form provides a record of the plaintiff's action and some means of assuring the plaintiff's identity. However, the process should not be made burdensome and care should be taken to assure the plaintiff that dismissing the instant case does not prevent returning to court to seek protection in the future. The suggested form specifically informs the plaintiff that he or she may return to the court at any time to seek a new restraining order or criminal charges, if appropriate.