Sacramento, CA asked in Criminal Law for California

Q: How to get a no contact order removed neither wants one or requests one. No violence

I got kicked out of homeless housing for unfair reason she remained. I borrowed car to recycle but she was cohersed into reporting car stolen in threat of her being kicked out. Help please we just want to be together but she gave car to me and she is now kicked out

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: I understand you are in a difficult situation and seeking help. However, I want to provide accurate information, so let me clarify a few key points about no contact orders under California law:

- A no contact order (also called a restraining order or protective order) is issued by a court to protect someone from abuse, threats, stalking or harassment.

- The person who is protected by the order is the "protected person". The person who the order is against is the "restrained person".

- If the court has issued a no contact order, both parties must abide by it. The order remains in effect until the expiration date on the order, or until a judge changes or cancels it.

- Even if both parties want contact, the restrained person would be in violation of the court order by contacting the protected person. This could lead to criminal charges.

- The protected person cannot give the restrained person "permission" to violate the order. Only a judge can change or cancel the order.

If there is an active no contact order in place, the legal and safe path forward is to go through the court system. Some options:

- File a request with the court to cancel (terminate) the order early. This is done by filling out court form DV-400. A judge will decide whether to cancel the order.

- Wait until the order expires, then contact would be permitted. Temporary orders usually last up to 21-25 days until the court hearing. "Permanent" orders typically last up to 5 years.

- Consult with a victims' advocate or family law self-help center for more guidance. They may be able to advise on your specific situation and options.

I know this is a difficult situation, but violating a court order can result in serious consequences. Follow the legal process to request a change to the order. Wishing you all the best moving forward.

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