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Q: How can a restraining order be rescinded, my wife wants it taken away, it's on me, but her lawyer says that she can't.

Related Topics:
1 Lawyer Answer
David A. Brooks
David A. Brooks
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.