Q: May I request a modification to an official restraining order?
My family has been terrified by this perpetrator for more than 24 years. I have been through a temporary restraining order for 6 months. The Judge only granted me a short term official restraining order. So, I submitted a modification of an official restraining order.The coming court date will decide if I will be granted for my request to modify my official restraining order. My question is: if my request for modification to an official restraining order is granted. Will his 3 direct family members, who have been helping this perpetrator to harm my family, be in this modified request order?
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- California
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- Answered
A:
If your request to modify the restraining order is granted, the court will determine whether the perpetrator’s three direct family members should be included in the order. The judge will review the evidence you provide to decide if they have actively participated in harming you or your family. If you can demonstrate that they have directly contributed to the ongoing harassment or threats, the court may extend the restraining order to include them.
It is important to bring any supporting documents, witness statements, or police reports that show their involvement. The judge will consider how their actions have impacted your safety and whether legal protection against them is necessary. If the court finds enough reason, it may modify the order to include restrictions against these individuals.
However, the final decision is up to the judge, based on the evidence and arguments presented. If they are not included in the modified order, you may still have legal options, such as filing separate restraining orders against them. It might help to consult with a legal professional to ensure you have the strongest case possible.
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