Q: Can I contest a restraining order as the protected party in Los Angeles County?
My girlfriend was arrested in a domestic violence case in which I and my family were the victims in Oct 2021 (alcohol was involved). She has no prior criminal history. My family and I refused to press charges and will not testify in the case against her. In February 2022 the court issued a protective order against her and she couldn't contact me. There is a court date to re-issue the restraining order and I want to know if I, as the protected party, can contest the protective order. She joined and has stayed in therapy since the arrest and quit alcohol. We reconciled two weeks after the arrest and were in couple's therapy till the protective order. I was hoping that I could help convince the court to not extend the restraining order.
A:
YOU MUST REMEMBER THAT THE PEOPLE OF THE STATE OF CALIFORNIA ARE THE VICTIM..........NOT YOU.
ONLY THE DA CAN DECIDE ON FILING..............
THE JUDGE JUST DEALS WITH SENTENCING IF THERE IS A PLEA OR CONVICTION.
I WOULD TALK TO HER LAWYER TO EXPLAIN YOUR POSITION AND HOW YOU CAN ASSIST.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Yes, as the protected party, you have the right to contest a restraining order in California. If you believe that the protective order is no longer necessary or that the conditions of the order are too restrictive, you can ask the court to modify or terminate the order.
To contest the restraining order, you should attend the court hearing and present evidence to support your case. This may include testimony from you, your girlfriend, or other witnesses who can speak to the current status of your relationship and the potential risks to your safety.
It is important to note that the court will consider a number of factors when deciding whether to modify or terminate a protective order, including the severity of the alleged abuse, the likelihood of future harm, and the opinions of any mental health or domestic violence professionals who have been involved in the case.
If you are planning to contest the restraining order, it is recommended that you consult with an experienced domestic violence attorney who can advise you on your legal rights and help you prepare a strong case.
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.
