Fresno, CA asked in Domestic Violence for California

Q: How do I as the protected party ask that a restraining order be terminated in California?

My boyfriend was arrested for domestic violence there was a temp ro then another issued in court and then canceled I was not aware of another one being ordered we moved to ND and he was arrested there for violation of a foreign protection order I want to ask the court to terminate it but the courts clerk gives me the runaround

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

A: To request the termination of a restraining order in California, you first need to file a request with the court that issued the order. This is typically done by submitting a form, which can often be found on the court's website or obtained at the court clerk's office. The form is usually titled "Request to Terminate Restraining Order" or something similar.

In the form, you'll need to provide reasons for why the restraining order should be terminated. It's important to clearly and concisely state your case, focusing on any changes in circumstances since the order was issued. Additionally, include any relevant information about your current situation and why you believe the restraining order is no longer necessary.

After submitting the form, the court will likely schedule a hearing. At the hearing, both you and your boyfriend will have the opportunity to present your cases. The judge will consider the evidence and arguments before making a decision.

It's advisable to consult with a lawyer to assist you in this process. They can provide guidance on the best approach to take and help ensure that your request is presented effectively to the court. Keep in mind that the final decision rests with the judge, who will assess whether terminating the restraining order is in the best interest of all parties involved.

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