Monrovia, CA asked in Domestic Violence for California

Q: I want to lift restraining order against my husband who was charged for spousal abuse and child endangerment

The protective order was court ordered through the criminal court and includes my children and I (not his children). DCFS opened a case after the DV incident, in which I agreed not to come around him or bring my kids around him. I did and as a result the children are now out of my custody. I am currently trying to get reunification through children's court and part of the agreement is to stay away from him in order to get them back. I am aware that he is getting help through DV and parenting classes as well as individual therapy. Is there a way to request getting the RO lifted or modified without jeopardizing my reunification with my children? Ultimately I want to work things out and want to know what steps need to be taken.

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1 Lawyer Answer
Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: When the court issues a restraining order, there is a limited time to appeal that judgment. When that time for appeal ends, typically there is no way to rescind the restraining order. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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