How To Dissolve A Restraining Order In California

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Fill out items 1 and 2 of the Findings and Order to Terminate Restraining Order After Hearing ( Form DV-400 ), make 3 copies of the form, and turn them in to the clerk. If the clerk prepares this order instead, review it carefully to make sure it matches what the judge ordered.

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Dissolving a Restraining Order in California Fill out the required forms. Complete the Order to Show Cause form (form #FL-300), the Application for Order and Supporting Declaration (form #FL-310), and the Proof of Personal Service form (form #FL-330). All forms are available at your local Superior Court. Copy and file forms.

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Restraining Orders. A restraining order (also called a “protective order”) is a court order that can protect someone from being physically or sexually abused, threatened, stalked, or harassed. The person getting the restraining order is called the “protected person.”. The person the restraining order is against is the “restrained

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California Code of Civil Procedure Section 533 gives a court authority to modify or terminate a restraining order. They can do this if a showing is made of a material change in the facts on which the original order was granted, a change in the relevant law, or where justice requires a change or end to the restraining order.

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Victims named in a restraining order can petition to modify or even terminate a restraining order by explaining to the courts why they no longer need the court’s protection. To remove a protective order, a person must freely and voluntarily request the modification by filing a petition with the clerk of the court that ordered the CPO.

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A restraining order is a court order that helps protect a person or group of people from being harassed, abused or threatened. There are three types of restraining orders in California. The first can order that certain behavior be stopped against a protected party. These acts can include calling, stalking, making threats or attacking another

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In the California legal system, a restraining order prevents a specific person from harassing, abusing, stalking, or threatening another person. The party that is protected is known as the protected person.The other party (e.g., the abuser) is known as the restrained person.Restraining orders are also referred to as “protective orders.” California law recognizes four types of …

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The first piece of paperwork required to remove a restraining order will usually be the motion itself. Many states have standardized forms that a person can use to file their motion and some court systems even make these forms available online. It is important to note that there may be a filing fee associated with filing the motion.

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To put all on notice that the corporation has elected to wind up and dissolve, a California stock corporation must complete the Certificate of Election to Wind Up and Dissolve (Form ELEC STK). Before submitting the completed form, you should consult with a private attorney for advice about your specific business needs.

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1. Get the appropriate forms. Most states have “fill in the blank” forms that you can use in order to file a motion to dissolve a restraining order. The name of the form will differ …

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1. Identify your reasons for dissolving the restraining order. You should consider carefully before having a restraining order dissolved. Once it is dissolved, then you will not be able to get it back without going through the entire process for a new restraining order. No one can tell you whether your reasons are appropriate, but you should give it considerable thought. Alternately, if you are the defendant, then you may wish to have the restraining order dissolved because you think it was entered improperly or is no longer needed. For example, you may have moved on with your life or received necessary treatment (for domestic violence or alcohol/drugs).
2. Understand the consequences of dissolving the restraining order. If you dissolve a restraining order, then you lose the ability to have the defendant arrested simply for violating the order. Instead, the defendant can only be arrested if the police deem it necessary. You may also have to dismiss all criminal complaints filed against the defendant.
3. Meet with a lawyer or victim advocate. If you have doubts about dissolving a restraining order, you should meet with someone experienced in the field and ask questions. You may want to contact an attorney or a victim advocate. To find an experienced family law attorney, you can visit your state’s bar association, which should run a referral program. If you cannot afford a lawyer, then you may want to reach out to a local legal aid organization. Legal aid organizations provide free assistance to low-income people. To find a legal aid organization near you, use this Locator and enter your zip code.
4. Understand the factors a court considers. Courts will consider different factors in determining whether there is “good cause” to dissolve the restraining order. The touchstone of the inquiry is whether there has been a “change of circumstances” sufficient to justify dissolving the restraining order. The factors a court considers may include: The victim’s consent. If the victim voluntarily consents to dropping the restraining order, then the court should lift the restraining order. The victim’s fear of the defendant. If the victim fears the defendant, then the court may consider leaving the restraining order in place, as it helps the victim stand up to the defendant. The nature of the relationship between the parties. Here, the court will consider the capacity of the abuser to continue to control the victim. If the two parties have children together, then a court may find it inappropriate to dissolve the restraining order. Contempt convictions. If the abuser violated the restraining ord

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If a person wants to dissolve a restraining order, then she must make a motion with the Family Court. The judge who hears the application to dissolve the restraining order must have a complete record of the original domestic violence hearing (s).

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You, or your attorney, can draft the terms of the proposed order you wish to get from the court, and specify that the order applies to online and offline behavior in that order. For a criminal restraining order: You may want to contact your county’s District Attorney’s Office and speak with the victim advocate.

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Tips for Challenging a Restraining Order. If you believe that you are improperly being subjected to any type of restraining order, you could file a motion to dissolve the protective order or a motion to modify the order of protection. You will need to make certain that you act within the appropriate courts and submit the correct court paperwork.

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4 hours ago Dissolving a Restraining Order in California. Fill out the required forms. Complete the Order to Show Cause form (form #FL-300), the Application for Order and Supporting Declaration (form #FL-310), and the Proof of Personal Service form (form #FL-330). All forms are available at your local Superior Court. Copy and file forms.

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If you already have a completed restraining order you may come to the clerk’s office and drop it off at the clerk’s window. Limited staff working in the clerk's office will be able to accept a completed document and will not be able to confirm it is filled out accurately.

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Frequently Asked Questions

How to file a motion to dissolve a restraining order??

Get the appropriate forms. Most states have “fill in the blank” forms that you can use in order to file a motion to dissolve a restraining order. The name of the form will differ depending on the state and the court. You should visit the court which entered the restraining order and ask for the forms.

How do I get a restraining order removed in California??

How Do I Get a Restraining Order Removed? In the state of California, individuals who are victims of domestic violence, stalking, or some other form of repeated, unwanted contact may petition with the courts for protection from the alleged offending party in the form of a Criminal Protective Order (CPO).

How to end a restraining order made by the court??

If you don’t see it, disable any pop-up blockers on your browser. If you want to change (modify) or end (terminate) any of the orders made by the court in the Restraining Order After Hearing (CLETS - OAH) ( Form DV-130) you have to file a request in court before date that the Restraining Order expires.

What are the different types of restraining orders in California??

The four types of restraining orders available in the state of California are: Domestic Violence Restraining order. Civil Harassment Restraining order. Elder Abuse Restraining order. Workplace Violence Restraining order. California courts can also issue a criminal protective order.

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