Restraining orders are usually issued by courts in cases involving domestic violence, sexual assault, assault and battery, harassment, and stalking. Restraining orders are used to prevent an alleged abuser from being able to contact, visit, or come near a protected party. When a restraining order is issued and the defendant and victim still live together, then the order basically forces the defendant from the home. Restraining orders can also be problematic in cases where the defendant and victim share children.
At Myers Family Law, we understand that couples with troubled histories sometimes work through their issues and get back together or learn to be functional co-parents. We also know that people sometimes make false accusations of abuse and assault which is why we are here to assist clients who need help removing restraining orders so they can move forward with their lives.
Modifying or Removing a Restraining Order
In California, both the person who requested the restraining order and the restrained person can request alterations, such as increasing or decreasing the level of protection, by filing a Petition for Modification of a Criminal Protective Order with the court.
The following terms of a restraining order can be modified:
- Contact with the protected individual
- The certain distance the restrained party can come within a protected person
- Personal, electronic, written, or telephone communication
The person named in the restraining order can petition to terminate the order, as long they freely and voluntarily make the request and explain to the courts why they no longer need protection. The type of contact that the parties wish to resume must also be specified in the petition. The court will set a hearing 10 days after the date of filing. Both parties named in the restraining order must appear at the hearing, where a judge will hear arguments and issue a decision in the form of an approval, partial approval, or denial of the modification.
Do I Need an Attorney to Remove a Restraining Order?
Petitioning to remove or modify a restraining can be a difficult process to navigate without the assistance of an experienced attorney. From handling important legal documents to representing you in court, a skilled attorney can use their extensive knowledge to devise a strong legal strategy for your case and ensure your best interest are protected throughout the legal process. Our legal team at Myers Family Law is committed to using our resources to serve clients of all backgrounds in a variety of family law and domestic violence cases, so please don’t hesitate to reach out to us today.Call (916) 634-0067 or contact us online to schedule your consultation with one of our compassionate legal professionals.