Fresno, CA asked in Family Law for California

Q: How long the judge can extend and order restriction?

I have an order restriction, I can’t see my son and my wife is telling I’m using drugs but I’ve been doing blood test and all negatives and the judge says one more year on the restriction and the police says In the messages there’s noting wrong that makes a order restriction but the judge only listen the woman

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, when it comes to restraining orders, the duration and terms depend on the type of order and the specific circumstances surrounding the case. A temporary restraining order typically lasts up to 21 days, with the possibility of an extension of an additional 21 days. If, after a hearing, a judge believes that a longer duration is necessary, a permanent restraining order can be issued which may last up to five years. However, the restrained individual can request the court to modify or terminate the order, but must provide evidence as to why the change is warranted. It's essential to present all relevant evidence, including drug tests, to the court to support your position.

If you believe you are not being treated fairly in court, it might be beneficial to consult with an attorney who can advocate on your behalf. Always remember that the court's primary concern is the best interests of the child, so providing evidence that supports your role as a responsible and caring parent is crucial.

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