San Dimas, CA asked in Domestic Violence for California

Q: How can a restraining order be rescinded, my wife wants it taken away, it's on me, but her lawyer says that she can't.

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1 Lawyer Answer
David A. Brooks
David A. Brooks
Answered
  • Domestic Violence Lawyer
  • Placerville, CA
  • Licensed in California

A: Sometimes a judge will impose a restraining order over the alleged victim's objection.

Sometimes "can't" means different things. Sometimes lifting an order COULD be done, but there are serious consequences (such as losing custody of children).

Getting it lifted can also be a matter of being in front of the correct Judge. The matter could be heard in the criminal court if it was issued there, but could also be heard in the civil court. One might be a better place to be. In some counties, the criminal court will decline jurisdiction regarding modifications and make the holder of the order go to civil court.

It is also possible the lawyer is protecting a client.

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