Is It Possible to Terminate a Domestic Violence Restraining Order?

When a domestic violence restraining order was issued to a person, it had a great impact on his/her normal life. Generally, such orders are issued by the wives against the husband or inlaws because of domestic violence, abuse, or threat of violence or abuse. If such an order is issued against a person or persons, it could impact their capability to live a normal life.

A domestic violence restraining order can ban a person from visiting certain areas or from seeing members of his/her family. However, it is possible to terminate it. With the help of a divorce law attorney you can have an idea that either you are eligible to terminate your domestic violence restraining order or no, and if yes then how it can be done.

What is a Restraining Order & How it Protects a Person?

Generally, the court denied the application for the termination of a domestic violence restraining order when it found that there is not sufficient change in the circumstances. In California, people who are victims of harassment, domestic violence, or stalking can petition with the courts. The petition can be made for protection from the offending party. The purpose of the restraining order is to prevent a supposed abuser from contacting, visiting, or coming near the protected party. The modification of the restraining order can be done either to increase or decrease the protection level. A restraining order is not just limited to the papers only. The penalties for violating a restraining order are also severe.

When a Restraining Order Can be Modified or End?

In a domestic violence case, a defendant always has a restraining order that is put on them by the court. Such order is considered as a misconduct crime by the defendant, due to which they cannot have any contact with the victim either direct or indirect. When a defendant is innocent they can request for modifying or ending it.

When a restraining order is to be removed, one can voluntarily and freely request the modification. This request for modification can be done by filing a petition with the help of the court clerk from where the restraining order was ordered. Generally, the hearing of the court is set after 10 days of the filing date. At the hearing, both parties need to appear. The decision regarding the restraining order is issued by the judge. The decision can be in the form of partial approval, denial, or that approval of the modification. Before the expiry of the restraining order, they can be modified (changed) or terminated with the request.

To request the court for modifying or terminating your restraining order, the Request for Order (Form FL-300), along with various other documents must be completed as per the requirements. Then the documents need to be filed with the Court. Once the request for the Court order got submitted, a hearing date is provided by the court to review the request and decide either to modify or terminate the requested restraining order or not.

The one who is subject to the restraining order needs to provide proof of his/her good behavior. The proof of good behavior can include evidence to show that the restraining order is not necessary and the person is in compliance with the restraining order.

Types of evidence that are considered by the court generally include statements by other people like oral testimony or written affidavits at the hearing, evidence concerning the guidelines of child visitation and child custody, records from probation officers, in case of a criminal background, and documents such as pay stubs as well as certificates of completion from rehabilitation programs. Having a good divorce law attorney by your side not only helps to collect all the documents and evidence as per the court requirement but also to get rid of the restraining order.

At HARTLEY LAMAS Et Al - Attorneys at Law, we are proud to serve individuals and families in Ventura County, Santa Barbara County and throughout Southern California.