Introduction

A restraining order is a civil court order that prohibits one person from contacting, harassing, or coming near another person. Restraining orders are often issued in cases of domestic violence, stalking, or other situations where one person is credibly accused of threatening or causing harm to another. If you have been served with a restraining order, it is important to take it seriously and comply with its terms. However, if you believe that the restraining order is no longer necessary or was obtained unfairly, you may be able to have it removed. This article will provide information on how to remove a restraining order in California.

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Grounds for Removing a Restraining Order

In California, there are several grounds for removing a restraining order, including:

• The protected party no longer feels threatened or harassed.
• The restraining order is no longer necessary to protect the protected party.
• The restraining order was obtained through fraud or perjury.
• The restrained party has completed a batterer’s treatment program.
• The restrained party has not violated the restraining order.

If you believe that you have grounds to have a restraining order removed, you should contact an attorney to discuss your options.

Procedure for Removing a Restraining Order

If you want to request removal of the Restraining Order, you must file a motion with the court. You can file a Request to Modify or Terminate an Order After Hearing or an Ex Parte Application for Modification or Termination of Order.

1. File a motion with the court. The motion must be in writing and must state the grounds for requesting the removal of the restraining order. You must also file a declaration in support of your motion, which provides evidence to support your grounds for removal.
2. Serve the motion on the other party. Once you have filed the motion with the court, you must serve the motion on the other party. This means providing them with a copy of the motion and a notice of hearing.
3. Attend a hearing. The court will hold a hearing to consider your motion. At the hearing, you will have the opportunity to present evidence and argue in favor of removing the restraining order. The other party will also have the opportunity to present evidence and argue against removing the restraining order.
4. The court’s decision. After hearing the evidence and arguments from both parties, the court will make a decision on whether or not to remove the restraining order. The court will consider the grounds for removing the restraining order, as well as the evidence presented at the hearing.

What Happens if My Motion to Remove a Restraining Order is Denied?

If your motion to remove a restraining order is denied, you can still try to appeal the Restraining Order to the California Appellate Courts. The process is complex and requires an Appeal to be filed within a specific time frame, usually about 30 to 60 days from the date when the Order was made.

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How To Remove A Restraining Order California

Conclusion

If you have been served with a restraining order, it is important to comply with its terms. However, if you believe that the restraining order is no longer necessary or was obtained unfairly, you may be able to have it removed. The process for removing a restraining order can be complex, so it is important to seek legal assistance if you are considering filing a motion to remove a restraining order.